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(영문) 서울중앙지방법원 2020.05.13 2019가단5306799
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) acquired a credit card payment claim from D Co., Ltd. on December 18, 2003 against the Plaintiff.

B. C filed a lawsuit against the Plaintiff in Jeju District Court No. 2006Gapo20767, and was sentenced to a judgment in favor of the Plaintiff on July 4, 2006, and the said judgment became final and conclusive around that time.

Service on the plaintiff in the above case was made by means of public notice.

C. Since then, E limited liability companies that were previously acquired the above claim against the Plaintiff applied for the grant of succession execution clause on September 29, 201, and subsequent succession execution clause was served on the Plaintiff on September 5, 2011.

On July 31, 2013, the Defendant acquired the above-mentioned claim, applied for the grant of succession execution clause on December 4, 2013, and accordingly, the succeeding execution clause was served on the Plaintiff himself/herself on December 11, 2013.

E. The Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court Decision 2013Hadan2924, 2013Ma2924, and on February 18, 2014, upon receipt of a decision to grant immunity from the above court (hereinafter “decision to grant immunity”), the said decision became final and conclusive on March 5, 2014.

However, the defendant's claim against the plaintiff is omitted in the creditor list.

F. The Defendant filed an application for payment order with the Seoul Central District Court (Seoul Central District Court 2016 tea246417) in order to prevent the expiration of the extinctive prescription of the above deposit claim, and the Plaintiff himself received the original copy of the payment order and submitted a written objection on August 11, 2016.

Accordingly, the Seoul Central District Court 2016Garo 6612377 decided December 7, 2016 (hereinafter “the instant decision of acceptance”) in the case of acquisition money, which was implemented, concluded the pleadings on December 7, 2016. On January 11, 2017, the Seoul Central District Court rendered a judgment in favor of all the Defendant (the Plaintiff in the lawsuit of acquisition money), and the Plaintiff (the Defendant in the lawsuit of acquisition money) asserted that the obligation of acquisition money was exempted as the decision of grant of grant of this case, but did not accept it.

G. The instant case.

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