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(영문) 서울중앙지방법원 2019.11.26 2019가단23792
청구이의의 소
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2009 tea87458.

Reasons

1. The Seoul Central District Court Decision 2009Da87458 delivered on August 26, 2009 the order for payment of loans to the Plaintiff by the Defendant for basic facts was finalized on September 10, 2009. The order for the order is that “the obligor shall pay to the obligee the amount of KRW 6,00,000 and interest for delay thereof to the obligee.” On November 30, 2011, the Plaintiff received a decision that “the obligor shall be exempted” in the case of filing an application for adjudication of bankruptcy with Suwon District Court 2010, May 17, 201, and 201 that “the obligor shall be exempted from liability” in the case of filing an application for adjudication of bankruptcy with Suwon District Court 2010, May 17, 2016, and 201. There is no dispute between the parties that became final and conclusive at that time, or it can be acknowledged

2. According to the above facts of recognition, pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the defendant's claims against the plaintiff under the payment order against the plaintiff under Article 566 of the Debtor Rehabilitation and Bankruptcy Act are exempted from all obligations against the creditors listed in the list of creditors of the above case.

In the list of creditors of the above application case, the defendant omitted the defendant's claim on the above payment order against the plaintiff, which constitutes a claim not entered in the list of creditors in bad faith, and thus, the defendant's claim is not exempted from liability. Thus, the defendant's claim on the above payment order against the plaintiff is not entered in the list of creditors, but there is no dispute between the parties, but there is no evidence to acknowledge that the plaintiff did not enter it in bad faith.

3. In conclusion, the plaintiff's claim of this case seeking the exclusion of executory power of the claim under the above payment order shall be accepted for reasonable grounds, and it shall be decided as per the disposition by ex officio to suspend compulsory execution based on the original copy of the above payment order.

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