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(영문) 대전지방법원 공주지원 2018.10.04 2018가단571
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. A. On August 12, 2008, the A.I.D. Co., Ltd. received a payment order against the Plaintiff for loans of KRW 11,760,285 and delayed payment damages from the Daejeon District Court’s official capital support 2008 tea657. The above payment order was served on the Plaintiff on August 14, 2008, and was finalized on August 29, 2008 on August 29, 2008 as the Plaintiff did not raise any objection.

B. On June 22, 2011, the Bank Business Loannet Co., Ltd. acquired the claim against the Plaintiff from the above Alley branch Capital, and issued the succeeded execution clause with respect to the payment order that became final and conclusive on June 22, 201, and the said succeeded execution clause was served on the Plaintiff on June 23, 201.

C. On July 31, 2013, the Defendant acquired a claim against the Plaintiff from the above Bank’s business loannet, and received a succession of the execution clause on the payment order that became final and conclusive, and the said succession execution clause was served on the Plaintiff on December 10, 2013.

On February 26, 2018, the Defendant received a collection order for the seizure and collection of the claim against the Plaintiff, which is the amount of KRW 23,406,768 as the amount claimed by the Daejeon District Court’s official branch court 2018TTT18.

E. Meanwhile, on July 9, 2015, the Plaintiff filed an application for bankruptcy and immunity with the Daejeon District Court Decision 2015Hadan1746, 2015Ma1746, and 1746, and on December 11, 2015, the Plaintiff was granted immunity from the above court (hereinafter “instant immunity”). The said immunity became final and conclusive on December 29, 2017, and the Plaintiff did not indicate the claim that the Defendant acquired (hereinafter “instant claim”).

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 3 (including each number; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion did not recognize the claim of this case at the time of the above application for immunity and did not enter it in the list of creditors. Thus, the decision to grant immunity of this case becomes final and conclusive.

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