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1. The Defendant’s compulsory collection against the Plaintiff based on the payment order issued by the Seoul Central District Court 201Hu100803.
Reasons
1. Basic facts
A. On November 25, 2009, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court (2009Hadan30099, 2009, 30099). On November 25, 2009, the Plaintiff entered D Co., Ltd. (hereinafter “D”) in the list of creditors submitted for the bankruptcy and exemption cases.
B. On November 11, 2010, B Co., Ltd. (hereinafter “B”) received the claim against the Plaintiff (hereinafter “the claim of this case”) from D, and on July 5, 201, filed an application for payment order against the Plaintiff as Seoul Central District Court Decision 201Hu100803, and on July 7, 2011, the said court ordered the Plaintiff to pay “B shall pay KRW 47,172,600, and its delay damages.” This was finalized on July 29, 2011.
C. On August 10, 201, the Plaintiff was granted immunity on the above bankruptcy and exemption case (hereinafter “instant immunity exemption”). The instant immunity exemption became final and conclusive on August 27, 2011.
B On April 30, 2013, the Seoul Central District Court was declared bankrupt by 2013Hahap46, and the defendant is currently designated as a trustee in bankruptcy and the bankruptcy procedure is in progress, and the claim against the plaintiff was assigned to F limited liability company in sequence through E limited liability companies.
[Ground of recognition] Unsatisfy, Gap 1 or 6 evidence
2. Determination
A. A lawsuit of demurrer may be brought against a person who is entitled to file an application for compulsory execution on the basis of the executive title, such as a person indicated as a creditor or his successor, and where the original creditor transfers his claim to a transferee, it is reasonable to deem that the transferee has the standing to file a lawsuit of demurrer against both the original creditor and the transferee prior to the execution clause to be granted.
Since there is no evidence that the F limited liability company was granted the succeeding execution clause in this case, it is legitimate for the Plaintiff to file a lawsuit of demurrer against the Defendant.
B. The Plaintiff did not omit the instant claim in bad faith.