Text
The defendant's order for the payment of the acquisition money case No. 2013.3300 dated May 6, 2013 against the plaintiff was based on the order for payment against the plaintiff.
Reasons
1. On May 6, 2013, the Defendant with the indication of the claim filed a payment order against the Plaintiff with the District Court Decision 2013 tea3300, and received a payment order from the above court that “the Plaintiff shall pay to the Defendant 1,351,600 won and 388,000 won among them at the rate of 20% per annum from the day following the service date of the original copy of the above payment order until the day of complete payment.” The above payment order was finalized on May 29, 2013.
The Plaintiff filed for bankruptcy and immunity with the District Court Decision 2013Hadan4767, 2013Ma4750 and decided to grant immunity on June 8, 2015. The list of creditors submitted by the Plaintiff during the bankruptcy proceeding was recorded in the Defendant’s loan claims against the Plaintiff on the payment order.
Therefore, due to the determination of the above decision to grant immunity, the plaintiff is exempted from the responsibility for the obligations under the above payment order, so compulsory execution based on the above payment order shall not be permitted.
2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).