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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order (Seoul Southern District Court 2015Hu28020).
Reasons
1. Facts of recognition;
A. The Defendant filed a claim against the Plaintiff for a contract payment on the ground that: (a) among the insurance contracts solicited by the Plaintiff from October 20, 2008 to July 1, 2010, among the insurance contracts solicited by the Plaintiff as an insurance solicitor belonging to the Defendant, the period from October 20, 2008 to July 20, 2010, 51 contract was invalidated; and (b) on May 26, 2015, the Plaintiff received the payment order (hereinafter “instant payment order”) stating that “5,42,987 won and its interest shall be paid at a rate of 20% per annum from the day after the delivery of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”).
(hereinafter referred to as the “instant bonds”). B.
On June 16, 2010, the Plaintiff filed bankruptcy and application for immunity with the Chuncheon District Court. On December 9, 2011, the Plaintiff was granted immunity (hereinafter “instant immunity exemption”) in the Chuncheon District Court 201Da1340 case and became final and conclusive around that time.
C. At the time of the instant decision to grant immunity, the creditor list did not indicate the instant claim.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the judgment on the cause of the claim, that is, the bankruptcy claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the immunity decision on the bankrupt becomes final and conclusive, and is not entered in the list of creditors.
According to the above facts of recognition, the claim in this case is a property claim arising from the cause before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized, thereby losing its executive force.