logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원남양주시법원 2017.09.14 2017가단2124
청구이의
Text

1. The payment order of the Kuyang-si District Court No. 2017Hu790 was issued between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On February 9, 2017, the Defendant filed an application for a payment order against the Plaintiff on February 3, 2017, and on February 9, 2017, issued a payment order with the purport that the Plaintiff would pay KRW 25,00,000 to the Defendant (Seoul District Court Decision 2017 tea 790, hereinafter “instant payment order”).

B. Before the instant payment order, the Plaintiff was granted immunity on September 26, 2014 by filing bankruptcy and application for immunity with the District Court Decision 2013Hadan330, 2013 333, prior to the instant payment order.

C. The defendant's claim on the payment order of this case was not stated in the list of creditors of the above bankruptcy and exemption.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings

2. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted from liability is exempted from liability for all of his/her obligations to a bankruptcy creditor except for dividends arising from bankruptcy proceedings: Provided, That the debtor shall not be exempted from liability only for certain cases, such as claims not entered in the list of creditors in bad faith.

According to the above, the defendant's claim under the payment order of this case is a claim arising from the cause before the declaration of bankruptcy and is subject to immunity unless there are special circumstances. Therefore, compulsory execution based on the above should not be permitted.

(3) If so, the plaintiff's claim is reasonable and acceptable. (No evidence exists to acknowledge that the plaintiff omitted his claim in bad faith).

arrow