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(영문) 의정부지방법원포천시법원 2016.02.18 2015가단74
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant against the plaintiff is conducted based on the payment order for the acquisition money case No. 2011.1680.

Reasons

1. Basic facts

A. On November 22, 2011, the Defendant applied for an order against the Plaintiff to pay the acquisition money before 2011, which became final and conclusive on December 14, 2011, against the Plaintiff.

(hereinafter “instant payment order”). B.

After that, the Plaintiff filed an application for bankruptcy and immunity with the District Court Decision 2012Habu2, 2967, 2012 and 2964, and the said immunity became final and conclusive on June 11, 2013 (hereinafter “instant immunity”), and the list of creditors prepared by the Plaintiff at the time of the report of bankruptcy and exemption, entered the name of the creditor as a new credit information with respect to the instant claim in the list of creditors.

【Ground for recognition】 Evidence Nos. 1 through 6, significant facts to this court, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff's claim is the cause of the claim of this case, and the plaintiff's claim against the defendant is exempted from its responsibility by the decision of immunity of this case, and since the defendant's claim based on the payment order of this case has lost its executive force, the execution of the defendant's claim based on the execution bond of this case should be denied. Thus, the effect of the decision of immunity of this case extends to the plaintiff's claim based on the payment order of this case. Thus, since the plaintiff's liability for the above payment order of this case is exempted, compulsory execution should be

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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