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(영문) 인천지방법원부천지원 2020.05.13 2019가단31278
청구이의
Text

1. It is based on the payment order issued on January 5, 2010 by the Defendant’s Branch of the Incheon District Court for the Plaintiff.

Reasons

If Gap evidence Nos. 1 and 3 (including additional numbers) added the purport of the whole pleadings, the defendant applied for a payment order against the plaintiff on December 31, 2009 and issued a payment order on January 5, 2010 (Seoul District Court Decision 2009Da7934), and the payment order was finalized on January 26, 2010; the plaintiff filed a petition for bankruptcy and filed a petition for bankruptcy, and the Seoul Rehabilitation Court Decision 2017, the defendant was exempted from immunity on June 4, 2018; and the above decision became final and conclusive on June 20, 2018.

According to the above facts of recognition, since the defendant's claim against the plaintiff was caused before the plaintiff was declared bankrupt, it constitutes a bankruptcy claim, and the decision to grant immunity against the plaintiff became final and conclusive, the plaintiff's liability is exempted pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, barring any special circumstance.

Therefore, compulsory execution based on the payment order of this case cannot be permitted.

If so, the plaintiff's claim is justified.

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