logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.07 2020가단14114
청구이의의 소
Text

1. The defendant's payment order against the plaintiff was based on the Seoul Central District Court 2010 tea 29597.

Reasons

Basic Facts

A. On April 30, 2010, the Defendant applied for a payment order against the Plaintiff as Seoul Central District Court Decision 2010 tea29597, and received a payment order stating that “the Plaintiff shall pay to the Defendant 12,175,486 won and the amount of KRW 4,842,288 at a rate of 20% per annum from April 16, 2010 to the date of full payment” (hereinafter “instant payment order”). The above payment order was finalized on May 25, 2010.

B. The ground for the claim for the instant payment order was that the Plaintiff entered into a credit card transaction agreement with the Industrial Bank of Korea and did not pay the card price even after having effected various transactions by credit cards. The Defendant finally acquired the above bonds against the Plaintiff at the Industrial Bank of Korea on June 27, 2008, and thus, sought payment.

(hereinafter referred to as the “instant claim”). C. The instant claim for the amount of the transfer money is:

The Plaintiff filed for bankruptcy and immunity with the Daegu District Court 2016Hadan203 and 2016Ma203 and the decision of immunity became final and conclusive around June 14, 2016 (hereinafter “instant decision of immunity”). The list of creditors of bankruptcy and exemption cases did not include the instant claim.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim against the debtor arising prior to the declaration of bankruptcy shall be a bankruptcy claim" and Article 566 of the same Act provides that "the debtor so exempted shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of the obligation to the bankruptcy creditor except for the distribution under the bankruptcy procedure; however, any of the following claims shall not be exempted from liability:

arrow