beta
Text
1. It is based on the payment order of 2003j2843 dated April 2, 2003 against the defendant's plaintiff.
Reasons
1. Basic facts
A. On September 7, 2000, the Plaintiff borrowed KRW 5,000,000 from the Peace Bank with the maturity of September 7, 2001, interest rate of 13.5% per annum, and damages for delay at 23% per annum.
B. On March 15, 2003, the Korea Finance Specialized Company, which acquired the above loan claims against the Plaintiff from the Peace Bank Co., Ltd. (hereinafter “instant loan claims”), applied for a payment order against the Plaintiff for the payment order of the instant loan claims under the Busan District Court Branch Branch Order 2003 tea2843. The above court accepted the above application and issued the payment order on April 2, 2003 (hereinafter “instant payment order”). The instant payment order was finalized on April 22, 2003.
C. Since then, a limited liability company specialized in the exchange of loans in Korea has transferred the instant loans to the Defendant.
On June 15, 2015, the Plaintiff filed a bankruptcy and application for immunity with the Incheon District Court 2015Hadan3072, 2015 3076. On October 29, 2015, the said court rendered a decision to grant immunity to the Plaintiff (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on November 13, 2015.
E. At the time of the decision to grant this case’s immunity, the Plaintiff did not enter the Plaintiff’s loan claim in the creditor list.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff’s claim for the instant loan is too old, and the Plaintiff did not enter it in the list of creditors because it was impossible for the Plaintiff to grow up at the time of bankruptcy and application for immunity. As such, the Plaintiff was exempted from the instant loan claim upon the instant immunity decision. 2) The Plaintiff was served with the instant payment order on April 7, 2003, and the Plaintiff received the instant payment order succession execution clause on June 6, 2010, and was aware of the instant loan claim due to continuous seizure of claims.