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1. The defendant's payment order against the plaintiff is based on the defendant's order of payment No. 2013, 1176, Changwon-nam District Court, Changnam-si.
Reasons
1. Facts of recognition;
A. On December 11, 2013, the Defendant filed a claim against the Plaintiff for a payment order against the Plaintiff seeking payment of KRW 1,776,00,00 from this Court (hereinafter “instant payment order”) and damages for delay against the Plaintiff’s KRW 600,000, based on the claim for the price of goods, and received the payment order with the above content (hereinafter “instant payment order”), and the said payment order was served on December 27, 2013 and finalized on January 11, 2014.
B. On February 20, 2014, the Plaintiff declared bankrupt and filed an application for immunity with the Changwon District Court Nos. 2012Hau759, 2012Hau759, and was granted immunity from the above court on February 20, 2014. The decision to grant immunity was finalized on March 7, 2014.
C. The Defendant’s claim for the price of goods was not stated in the list of creditors prepared at the time the above declaration and application for immunity was filed.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim for property arising from a cause that occurred prior to the declaration of bankruptcy against a debtor is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures. The defendant's claim for the price of goods constitutes a bankruptcy claim arising from a cause prior to the declaration of bankruptcy against the plaintiff, and the fact that the decision to exempt the plaintiff on March 7, 2014 becomes final and conclusive, as seen earlier, compulsory execution based on the instant payment order cannot be permitted
3. The plaintiff's claim is accepted on the ground of the reasoning.