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(영문) 수원지방법원안양지원 2016.03.10 2015가단14103
청구이의
Text

1. The Defendant’s order for payment was issued on June 28, 201 at the Suwon District Court for the Plaintiff.

Reasons

1. Basic facts

A. On June 28, 201, an order for payment was issued (hereinafter “instant order for payment”) to the effect that “the Plaintiff shall pay the Plaintiff the amount of KRW 2,983,084 and KRW 1,006,541 per annum from June 15, 2011 to the date of full payment” (hereinafter “instant order for payment”) to the effect that “the Plaintiff shall pay the Plaintiff the amount of KRW 2,983,084 and the amount of KRW 1,006,541, which was calculated by the rate of 25% per annum from June 15, 201 to the date of full payment,” and the instant order for payment was finalized on July 29, 2011.

(hereinafter “instant claim”). B. Claim on the instant payment order (hereinafter “instant claim”).

The Plaintiff filed bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with Seoul Central District Court No. 2014Hadan1668, 2014, and 1668, and omitted the entry of the instant claim in the list of creditors submitted at the time of the bankruptcy and application for immunity.

On April 25, 2014, the above court declared bankruptcy against the plaintiff. On August 25, 2014, the court decided to grant immunity, and the above decision to grant immunity was finalized on September 12, 2014.

C. On December 9, 2014, ASEAN Co., Ltd. transferred the instant claim to the Defendant, and notified the Plaintiff of the transfer of claim on January 9, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4 (including evidence attached with each number), the purport of the whole pleadings

2. The plaintiff's assertion was omitted in the list of creditors due to lack of knowledge of the existence of the claim in this case at the time of the bankruptcy and application for immunity, and the above claim was also exempted by the decision of permission of immunity in this case. Thus, compulsory execution based on the payment order in this case should be dismissed.

3. According to Article 423 of the former Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), any property claim against the debtor arising before the debtor is declared bankrupt is a bankruptcy claim, and according to the main sentence of Article 566 of the same Act.

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