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1. The Defendant’s compulsory execution against the Plaintiff based on the payment order in the case No. 2016 tea3416 was carried out.
Reasons
1. Facts of recognition;
A. On September 30, 2013, the Plaintiff received a decision to grant immunity on November 22, 2017 by filing bankruptcy and application for immunity with the Suwon District Court Decision 2013Hau680, 2013Ma6680 and 2013Ma680, and the said decision to grant immunity became final and conclusive on December 7, 2017. At that time, the Plaintiff’s list of creditors submitted by the Plaintiff included claims on the Bank of Korea.
B. The Industrial Bank of Korea transferred the claim against the Plaintiff (hereinafter “the instant claim”) to the UN Esp borrowed-backed limited liability company under an asset transfer agreement, etc., and finally, on November 6, 2015, the Defendant acquired the instant claim.
C. The Defendant filed an application against the Plaintiff for the payment order of the instant claim with the Gwangju District Court No. 2016 tea3416. On May 31, 2016, the said court rendered a payment order (hereinafter “instant payment order”) stating that “The Plaintiff and the same-sex Family Co., Ltd. jointly and severally paid to the Defendant the amount calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment,” and the payment order was finalized around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has the immunity shall be exempted from all of his obligations to a bankruptcy creditor except for the distribution by the bankruptcy procedure.
According to the facts acknowledged above, the plaintiff stated the claim of this case in the creditor list, and the defendant finally acquired the claim of this case.
In light of the above circumstances, the claim of this case acquired by the defendant constitutes a property claim against the plaintiff, who is the debtor before the bankruptcy is declared, and the claim of this case was recorded in the list of creditors at the time of filing an application for bankruptcy or immunity.
Then.