beta
Text
1. The Defendant’s compulsory execution against the Plaintiff was conducted based on the payment order No. 2013 tea548.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1 to 4, 7, and Eul evidence No. 1 (including paper numbers):
On September 29, 2003, the Plaintiff drafted and delivered to C a promissory note of KRW 20,000,000 at face value (No. 331, 2003, a notary public of outstanding law firm certificate) to secure the obligation of the borrowed amount of KRW 20,00,000 to C (hereinafter “the borrowed amount”).
B. After that, on July 11, 2007, the Plaintiff filed an application for bankruptcy and immunity with the Gwangju District Court No. 2007Hadan6223 and 2007Ma6220, the Plaintiff was declared bankrupt on August 29, 2008, the decision to grant immunity on January 8, 2009, and the said decision to grant immunity became final and conclusive on January 23, 2009, and at the time, C’s list included C’s claim to grant immunity.
C. On January 30, 2013, C applied for a payment order against the Defendant with the purport of seeking the payment of the loan amount under the Suwon District Court Branch Branch Decision No. 2013 tea548 on January 30, 2013. On February 18, 2013, C received the payment order with the aforementioned content (hereinafter “instant payment order”). The instant payment order was finalized on March 8, 2013.
After that, C transferred the claim for the loan of this case to the Defendant. On March 3, 2016, the Defendant, based on the instant payment order, issued a seizure and collection order on the Plaintiff’s credit sales payment claim against the Plaintiff’s non-CC Card Co., Ltd., new card Co., Ltd., Ltd., KNB National Card Co., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., and Hyundai Card Co., Ltd. (hereinafter “non-CC Card, etc.”), and issued a seizure and collection order on March 7, 2016. The above seizure and collection order was served to the third obligor, etc. around that time.
E. After doing so, the Defendant collected the Plaintiff’s credit sales amount from the non-scam card, etc. based on the above seizure and collection order.