(영문) 서울중앙지방법원 2020.04.23 2019가단58064

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(영문) 서울중앙지방법원 2020.04.23 2019가단58064

청구이의

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1. The defendant's payment order against the plaintiff was issued by the Seoul Central District Court 201Hu30643.

Reasons

1. According to the overall purport of evidence evidence Nos. 1 through 4 and the argument, the above court issued the payment order (hereinafter “instant payment order”) to the Defendant on February 21, 201, with respect to KRW 6,015,225 and KRW 2,00,000 among them, and the Defendant (C Co., Ltd.) applied for payment order against the Plaintiff as Seoul Central District Court Decision 201Hu30643, Nov. 26, 2019 (hereinafter “instant exemption order”). The above payment order becomes final and conclusive after the date of completion, and the Plaintiff’s exemption order becomes final and conclusive upon obtaining the exemption order from immunity from immunity on Nov. 26, 2019 (hereinafter “instant exemption order”).

2. The assertion and judgment

A. According to the facts of recognition as to the cause of the claim, the compulsory execution based on the payment order of this case is no longer allowed, barring special circumstances, as the defendant's claim based on the payment order of this case is a property claim arising due to a cause arising before bankruptcy is declared, which constitutes a bankruptcy claim, and the effect of immunity becomes final and conclusive as the immunity decision of this case becomes final and conclusive.

B. As to this, the Defendant asserts that the Defendant is not qualified as a party since the Defendant transferred the claim against the Plaintiff to D on July 1, 2011.

In cases where a claim on the title of execution meets the requirements for setting up against the assignee, the standing of the executive party shall be changed to the assignee, and the execution creditor shall be decided as the assignee according to the fact that the assignee obtains the succession execution clause, so the execution force of the existing executive title against the transferor shall be extinguished due

Therefore, the lawsuit of objection filed against the transferor is filed against the non-qualified person or has already become void.

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