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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 6, 2009, Hanil Entertainment Co., Ltd. (hereinafter “Korea-Japan Entertainment Loan,” July 16, 2009, and on February 22, 2011, “Korea-Japan Loan,” collectively changed the trade name into “Korea-Japan Loan,” and the following, “Defendant”) was delivered a payment order against the Plaintiff on March 6, 2009 as Seoul Central District Court Order 2009 tea 19410 (hereinafter “instant payment order”) and the payment order was delivered on April 19, 209 to the Plaintiff, which was delivered from Korea-Invested Mutual Savings Bank, with respect to the capital credit amount (the principal amount of KRW 2,040,415, interest amount of KRW 2,775,55, and KRW 4,815,970) to the Plaintiff.
The payment order of this case was served as "Seoul Gangseo-gu, Seoul, No. B and 101", and the plaintiff's cohabitant received it, and the service address was consistent with the plaintiff's resident registration address at the time.
After that, the defendant issued the order of seizure and collection of each of the claims based on the instant payment order against the plaintiff five times as Seoul Southern District Court 2009TTT 20303, ② the same court 2010TT 201T 12474, ③ the same court 201TT 48, ④ the same court 2014TT 830, ⑤ the same court 2014TT 7602, and ⑤ the court 2014T 7602. Among them, the four claims are seized and the collection order was issued on August 4, 2009 (1) and the live together on September 2, 2010 (2), and on February 12, 2014 (4), the plaintiff himself/herself (4) and his/her children were served on June 5, 2014 (3).
In addition, on July 22, 2009, the Defendant actually collected KRW 66,090 from the account of the Plaintiff’s Bank to the Bank on July 22, 2009 by virtue of the attachment and collection order of the Seoul Southern District Court 2009TTT 10303.
Meanwhile, on March 7, 2014, the Plaintiff filed an application for bankruptcy and exemption with Seoul Central District Court No. 2014Hadan2324, 2014Ma2324, and was declared bankrupt on May 27, 2014, and was granted immunity on October 12 of the same year.