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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order of the Seoul Central District Court 2015Hu203446 case.
Reasons
1. Basic facts
A. The Defendant received a payment order against the Plaintiff on September 18, 2015, stating that “The Plaintiff shall pay to the Defendant 11,603,151 won and KRW 2,736,550 per annum from the day after the original copy of the payment order was served to the day of complete payment” (hereinafter “instant payment order”). The instant payment order was served on October 23, 2015, and became final and conclusive on November 7, 2015.
B. The cause of the claim for the instant payment order was that the Plaintiff did not pay the credit card payment even after entering into a credit card transaction agreement with the C Bank and making various transactions by credit card, and the C Bank was entitled to the Plaintiff’s credit card payment claim, and the Defendant ultimately acquired the above credit and sought payment.
(hereinafter, the Defendant’s claim against the Plaintiff for the above transfer money (hereinafter “instant claim”).
On November 2, 2018, the Plaintiff filed for bankruptcy and immunity with the Daejeon District Court 2018Hadan929, 929, and filed for immunity on November 2, 2018 (hereinafter “instant immunity”). The decision on immunity of this case became final and conclusive on November 17, 2018. The list of creditors of bankruptcy and immunity did not include the instant claim.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act, which states that the effect of the decision on immunity of this case extends to the claims of this case, "any claim on the property that occurred before the debtor is declared bankrupt shall be a bankruptcy claim" and Article 566 of the same Act, which states that "the exempted debtor shall be exempted from the responsibility for all obligations to the bankruptcy creditors except for dividends arising from the bankruptcy procedures
Provided, That the responsibility shall not be exempted for the following claims: