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(영문) 청주지방법원충주지원 2015.09.24 2015가단21052
채무부존재확인
Text

1. The Defendant’s order for payment against the Plaintiff was issued on November 21, 2013 by the voice-gun District Court, the Cheongju District Court, the Cheongju District Court, the Cheongju District Court, and the order for payment against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant asserted that he supplied the Plaintiff with agricultural chemicals, farming materials, etc. by July 15, 2009, and applied for a payment order seeking the payment of the price of the goods (Cheongju District Court Decision 2013j.868, 2013) and on November 21, 2013, the Defendant rendered a payment order (hereinafter “instant payment order”) stating that “the debtor (the Plaintiff of this case) would pay 18,605,500 won to the obligee (the Defendant of this case) and 20% interest per annum from the day following the day when the original copy of the instant payment order was served to the day when the payment order in this case was repaid, and the said payment order was finalized on December 10, 2013.

B. On July 9, 2007, the Plaintiff filed an application for bankruptcy and exemption with the Cheongju District Court (2007, 2525, 2007Hadan2523), the bankruptcy decision on July 9, 2008, and the immunity decision on September 22, 2008, respectively (hereinafter “instant immunity decision”), and the above bankruptcy and immunity decision became final and conclusive around that time.

C. The list of creditors submitted by the Plaintiff to obtain the decision on immunity of this case was entered by the voice Agricultural Cooperatives, the Agricultural Cooperatives Federation, C, the Sound Livestock Industry Cooperatives, the Gangwon-Nam Saemaul Fund, the Agricultural and Fishery Credit Guarantee Fund, the Korea Agriculture and Forestry Credit Guarantee Fund, the case, D, E, F, and the Korea Agricultural and Fisheries Asset Management Bank.

From July 4, 2006 to August 3, 2006, the Plaintiff was confined in a medical treatment and custody center for mental assessment. From the next day to March 30, 2007, the Plaintiff was confined in the Daejeon Correctional Institution. From March 30, 2007 to October 4, 201, the Plaintiff was again confined in a medical treatment and custody center for medical treatment and custody.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff traded credit with the Defendant at any time, the Plaintiff did not bear the obligation to pay goods such as the instant payment order.

There are claims for the amount of goods claimed by the Defendant

Even if the defendant asserts, he shall be the last.

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