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(영문) 의정부지방법원고양지원 2019.08.14 2019가단572
면책확인
Text

1. The Defendant’s payment order against the Plaintiff was based on the payment order for the Seoul Northern District Court 2018 tea 92499.

Reasons

1. In fact, the Defendant filed an application with the Seoul Northern District Court for a payment order under the Seoul Northern District Court Decision 2018 tea No. 92499 on November 2, 2018 to the effect that the Defendant sought payment of the Plaintiff’s claim for the purchase price of goods (hereinafter referred to as “green”) 396,000 won and damages for delay. Upon the said application, the payment order was issued on November 5, 2018 and the payment order was finalized on December 11, 2018.

On the other hand, the Plaintiff applied for bankruptcy and exemption to the Incheon District Court on February 19, 2016, and was declared bankrupt on December 30, 2016 (2016Hadan792) and granted immunity (2016Ha788). The decision became final and conclusive on January 14, 2017.

[Grounds for recognition] The entry of Gap 1 to 4 and the purport of the whole pleadings

2. Since a decision to grant immunity to the Plaintiff becomes final and conclusive, the Defendant’s obligation to pay the price of the goods against the Plaintiff is also exempted, barring any special circumstance, compulsory execution based on the above payment order may not be permitted.

3. According to the conclusion, the plaintiff's claim is accepted.

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