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(영문) 창원지방법원김해시법원 2020.12.17 2020가단91
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on the basis of the payment order issued by the Changwon District Court, Kim Jong-si Court, 2020 tea 4182.

Reasons

1. The Defendant filed a payment order (hereinafter “instant payment order”) claiming payment against the Plaintiff on the ground that KRW 2,590,705 of the loan was unpaid in this Court, and the Defendant applied for the payment order (hereinafter “instant payment order”) against the Plaintiff, and the payment order ordering the payment of the said loan was issued on July 8, 2020, and the Plaintiff did not raise any objection and became final and conclusive as is.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. On April 23, 2020, the Plaintiff filed for bankruptcy and exemption with the Changwon District Court, and the decision to grant immunity was made on April 23, 2020, and accordingly, there is no dispute between the parties as to the fact that the Plaintiff was exempted from the obligation of this case.

B. Therefore, compulsory execution based on the instant payment order should be dismissed.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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