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(영문) 서울중앙지방법원 2015.04.03 2014가단218434
청구이의
Text

1. The defendant's payment order against the plaintiff was issued by the Seoul Central District Court 2008 tea 91834.

Reasons

1. Facts of recognition;

A. The defendant acquired the loan and interest of loan to the plaintiff of the Industrial Bank of Korea (hereinafter referred to as the "the bonds of this case") through a loan and filed an application for payment order against the plaintiff (Seoul Central District Court 2008Guj91834). The payment order issued by the above court (hereinafter referred to as the "payment order of this case") was finalized on December 27, 2008. The contents of the payment order were "the plaintiff shall pay to the defendant 9,091,548 won and 4,158,31 won from January 13, 2008 to the day of full payment."

B. The Defendant received a seizure and collection order on the Plaintiff’s deposit claims against each financial institution, such as the National Bank of Korea, with the claim of this case as the preserved claim, and its details are as follows.

- Yangyang Branch District Court 2009 Other 1655, Oct. 13, 2010, 201, Doyang Branch Court 201 other 8156, Doyang Branch Court 2011 other Doyang Branch Court 201156, May 19, 2011

C. On February 2, 2012, the Plaintiff: (a) declared bankrupt on September 26, 2012; (b) filed an application for individual bankruptcy and application for immunity with the District Court Decision 2012Hadan403, 2012Ma403; and (c) on March 27, 2013, the decision to grant immunity became final and conclusive around that time; (d) the list of creditors submitted by the Plaintiff to the said court did not state the instant claim; and (b) did not state only the total amount of 83,99,958 won against the 12 creditors, who are financial institutions.

On January 21, 2014, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claims against the Industrial Bank of Korea by using the instant claim as the preserved claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion by the parties did not recognize that the Defendant had a debt to the Defendant in the course of filing an application for individual bankruptcy and application for immunity, and did not belong to the list of creditors.

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