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(영문) 서울중앙지방법원 2019.09.18 2019가단16039
청구이의
Text

1. The defendant's payment order against the plaintiff is based on the original copy of the Seoul Central District Court's 2005 tea 42259.

Reasons

1. Facts of recognition;

A. The Defendant filed an application with the Plaintiff for a payment order with the Seoul Central District Court No. 2005 tea 42259, and the above court on August 26, 2005 issued a payment order with the purport that "the Defendant shall pay to the Plaintiff 5,027,656 won and 1,992,510 won which is calculated at the rate of 20% per annum from June 17, 2005 to the date of complete payment (hereinafter "the instant payment order"), and the above payment order was served on the Plaintiff on September 8, 2005 and became final and conclusive on September 23, 2005.

(hereinafter “instant claim”). B. The claim under the instant payment order is a claim (hereinafter “instant claim”).

The defendant was issued a seizure and collection order under the Daegu District Court resident support 2008TTT 10678, 2009TT 1635, 2010TT 749 with the plaintiff as the debtor. The above seizure and collection order of each of the above claims were served on the defendant or the defendant.

C. On July 13, 2010, the Defendant collected KRW 139,630 from the Plaintiff’s D cancellation fee.

The Plaintiff filed an application for adjudication of bankruptcy and exemption under the Daegu District Court Decision 2014Gu4658, 2014Hadan4658, and the said court rendered a decision to grant immunity to the Plaintiff on January 5, 2016 (hereinafter “instant decision to grant immunity”), and the said decision to grant immunity became final and conclusive.

E. The list of creditors submitted by the Plaintiff during the above declaration of bankruptcy and exemption procedure was not indicated by the Defendant as a creditor.

F. The Defendant received a collection order for the attachment and collection of the claim No. 2019TT 253 from the Daegu District Court where the Plaintiff was the debtor.

[Ground of recognition] Unsatisfy, Gap evidence 1-3, Eul evidence 1-3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the claim in this case is a property claim arising from the cause before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the plaintiff was exempted from the liability for the claim in this case upon the decision to grant immunity of this case, and thus, the debtor and the

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