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(영문) 서울중앙지방법원 2019.10.29 2018가단65720
청구이의의 소
Text

1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court Order 2013Hu14737 dated July 29, 2013.

Reasons

1. Facts of recognition;

A. On October 17, 1997, the Plaintiff received a loan of KRW 50,000,000 from the Defendant on October 17, 1997 by setting the lending period of KRW 120,000,000 as 19% per annum and the delay damages rate of KRW 19% per annum (hereinafter “instant loan”).

B. 1) On May 30, 2003, the Defendant filed an application with the Plaintiff for the payment order of this case with the Seoul Central District Court 2003 tea29602. On July 11, 2003, the above court issued the payment order (hereinafter “the first payment order”) to the Defendant for the payment order of KRW 94,915,218 as well as KRW 50,00 as annual interest rate of KRW 19% as from May 30, 2003 to the date of full payment. The Defendant filed an application with the Defendant for the payment order of KRW 30,50 as of September 23, 2003 for the payment of KRW 94,915,218 as to KRW and KRW 50,00 as to KRW 50,00 as to KRW 30,50 as of July 25, 2013.

“The second payment order (hereinafter “the second payment order”) was issued, and the Plaintiff’s child E served the original payment order at the Plaintiff’s domicile on September 3, 2013, and the said payment order was finalized on September 18, 2013.

C. On the other hand, on June 9, 2014, the Plaintiff filed an application for immunity from bankruptcy and immunity with the Incheon District Court No. 2795, 2014Hadan2796 (hereinafter “instant immunity”) on March 15, 2016, and the said immunity became final and conclusive on March 30, 2016.

However, the list of creditors submitted by the Plaintiff in the above bankruptcy procedure did not indicate the loan claims of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination of the cause of the claim is the debtor rehabilitation and.

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