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(영문) 전주지방법원 2019.12.11 2019가단8247
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On April 2, 2019, this Court has issued an application for the suspension of compulsory execution, with respect to the case of applying for the suspension of compulsory execution.

Reasons

1. Basic facts

A. On July 29, 2009, the Defendant filed an application with the Jeonju District Court for a payment order claiming the return of the lease deposit against the Plaintiff. On July 29, 2009, the Defendant received the payment order (hereinafter “instant payment order”) from the above court that “the debtor (referring to the Plaintiff in this case) shall pay to the creditor (referring to the Defendant in this case) an amount of KRW 58,533,310 per annum 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment.”

B. The Plaintiff received the instant payment order on August 5, 2009 directly, and the said payment order was finalized on August 20, 2009.

C. On August 8, 2012, the Plaintiff filed an application for immunity (hereinafter “instant application for bankruptcy and exemption”) with the Jeonju District Court Decision 2012Hadan1581, 2012, 1581, and 2012, and did not report the Defendant’s claim based on the instant payment order as a bankruptcy claim, and was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) from the said court on January 23, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 5 and 6 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion is in a situation where it is economically difficult for the plaintiff to bear a large number of obligations at the time of filing a petition for immunity and bankruptcy of this case, and thus, it was omitted from the defendant's knowledge of the existence of claims based on the payment order of this case. If the existence of the above claims was known, the effect of the immunity order of this case is limited to the claims based on the payment order of this case, so compulsory execution based on the payment order of this case shall be

B. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

Article 566 subparagraph 7 of the same Article shall be liable for the "claim not entered in the list of creditors in bad faith" even if the decision to grant immunity becomes final and conclusive.

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