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1. The Defendant’s payment order for the purchase price for goods No. 2015 tea 1216 against the Plaintiff at the Daegu District Court Seo-gu District Court.
Reasons
1. Basic facts
A. On July 26, 2005, the defendant filed a lawsuit against the plaintiff as Daegu District Court 2005Gapo248177 and filed a lawsuit seeking payment of the purchase-price with the court on July 26, 2005, that "the plaintiff shall pay 5.5 million won and the amount calculated at the rate of 20% per annum from July 22, 2005 to the day of full payment" and the above judgment became final and conclusive on August 17, 2005 (hereinafter "previous judgment", and the defendant's claim against the plaintiff according to the previous judgment "the claim of this case"), and the above litigation procedure was conducted by public notice against the plaintiff.
B. On February 12, 2014, the Plaintiff filed bankruptcy and application for immunity with the Suwon District Court Decision 2012Hadan5073, 2012Ma5073, and the relevant decision became final and conclusive on February 27, 2014 (hereinafter “instant decision of immunity”). The Plaintiff’s claim of KRW 149,957,329 against the Plaintiff was included in the list of creditors, but the Defendant’s claim against the Plaintiff was not included in the list of creditors.
C. On April 27, 2015, the Defendant applied for a payment order against the Plaintiff as the Seogu District Court Branch Branch 2015 tea1216 to extend extinctive prescription and received a payment order stating that “the Plaintiff shall pay to the Defendant 5 million won and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment” from the court. The above payment order was finalized on May 19, 2015.
(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings.
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The claim on the property that occurred before the debtor is declared bankrupt shall constitute a bankruptcy claim” and Article 566 of the same Act provides that “The claim on the property arising before the debtor is declared bankrupt.”