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1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul East Eastern District Court 2012j.17806 payment order.
Reasons
1.The following facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 8, and Eul evidence 4:
C Company filed an application with the Plaintiff for payment order with the Jeonju District Court 2010 tea220 on April 27, 2010 with the amount claimed against the Plaintiff as “67,120,796 won and damages for delay calculated at the rate of 25% per annum from April 7, 2010 to the date of full payment.” The above payment order was served on April 27, 2010 and finalized on May 12, 2010.
B. On April 29, 2011, C Co., Ltd. transferred the above claim against the Plaintiff to D Co., Ltd., and sent notice of transfer to the Plaintiff on June 20, 2011, and D Co., Ltd transferred the above claim again to the Defendant on October 14, 201.
C. The Defendant filed against the Plaintiff a claim against the Plaintiff for the payment order of KRW 72,672,244 (i.e., principal KRW 21,840,056) and damages for delay calculated at the rate of 25% per annum from April 16, 2011 to the date of full payment. The said payment order was served on the Plaintiff on April 5, 2012, and was finalized on April 2012 on April 2012.
(hereinafter “instant payment order”). D.
On the other hand, the Plaintiff filed an application for bankruptcy and exemption from liability with the Jung-gu District Court 2010Hadan6524, 2010Ka6519, respectively. On September 28, 2011, the Bankruptcy Declaration was issued on January 12, 2012, and the decision to grant exemption was finalized on January 28, 2012.
E. The list of creditors presented by the Plaintiff in the above bankruptcy and exemption case is indicated as the creditor’s name, “E (State)”, “1,” “143,00,” “78,143,000,” “the cause of the first credit amount,” “motor vehicle (F),” “ residual bond amount,” “ residual bond amount: 8,944,000, and interest and delay damages:0:0,” and the address of the creditor is indicated as “E (State), address “Seocheon-si G block,” “H,” “H,” and “I”.
2. The argument and judgment.