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(영문) 인천지방법원부천지원 2016.07.13 2016가단280
청구이의의소
Text

1. The Defendant’s obligation against the Plaintiff under the payment order issued on July 27, 2009 by the Busan District Court Branch Branch of the Incheon District Court.

Reasons

1. The Defendant, with the indication of the claim, filed a payment order against the Plaintiff on the ground that the Defendant lent KRW 3.6 million to D on May 30, 2002 under the Plaintiff’s guarantee, and received the payment order in the order. The payment order was finalized on August 11, 2009.

Before the issuance and confirmation of the above payment order, the Plaintiff applied for bankruptcy and exemption and was granted immunity on June 3, 2009.

The Plaintiff did not enter the Defendant’s claim against the Plaintiff in the creditors list at the time of filing an application for bankruptcy and immunity, but this is due to the Plaintiff’s failure to recognize the existence of the obligation against the Defendant, and is not a malicious omission of the claim.

Therefore, the effect of the above immunity extends to the obligations under the payment order entered in the order.

Nevertheless, since the defendant filed an application against the plaintiff for the entry in the defaulters' list (Seoul Northern District Court 2015Kau2119), the plaintiff seeks confirmation of the discharge of the obligation against the defendant.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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