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(영문) 춘천지방법원홍천군법원 2020.01.30 2019가단59
청구이의
Text

1. Compulsory execution against the Defendant against the Plaintiff is based on the payment order of Hongcheon-gun District Court 2019j15, Hongcheon-gun Court 2019.

Reasons

1. Facts of recognition;

A. On September 14, 1995, the Plaintiff leased the Republic of Korea Hongcheon-gun, Hongcheon-gun D heading to the Defendant.

Around that time, the Defendant paid KRW 30 million to the Plaintiff as the lease deposit.

B. The Defendant filed an application with the Plaintiff for a payment order claiming the return of the above lease deposit (hereinafter “instant claim”). The above court ordered the payment order, and the above payment order reached the Plaintiff on October 5, 2009.

C. In order to interrupt extinctive prescription of the instant claim, the Defendant again filed an application for payment order with the aforementioned court as KRW 2019 tea15.

On September 25, 2019, the above court ordered the Defendant to pay 25% a year from May 28, 1999 to May 31, 2003; 20% a year from such date to September 8, 2009; 5% a year from such date to October 5, 2009; 20% a year from such date to such date; 20% a year from such date to May 31, 2019; and 12% a year from such date to the date of full payment (hereinafter “instant payment order”); and the instant payment order was finalized at that time.

On December 5, 2018, the Plaintiff was declared bankrupt on April 22, 2019 by filing an application for bankruptcy and exemption with the Daejeon District Court for bankruptcy and exemption under the Daejeon District Court 2018Hadan1741, 2018Ma1708. The Plaintiff was granted immunity on May 20, 2019. The aforementioned immunity became final and conclusive on June 5, 2019, and the claim of this case was not stated in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 2, the purport of the whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against a debtor as to the determination on the cause of a claim, that is, a bankruptcy claim, becomes final and conclusive and conclusive, shall be liable pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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