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(영문) 의정부지방법원 고양지원 2018.06.28 2018가단3864
청구이의
Text

1. The defendant's Goyang branch court's Goyang branch's 2010 tea 2444 decided June 8, 2010 for the plaintiff.

Reasons

1. The plaintiff asserts as follows as the cause of the claim in this case, and the defendant only claims the plaintiff with intent to perform his obligation and does not clearly dispute this, so it is deemed that the plaintiff led to confession pursuant to Article 150 (1) of the Civil Procedure Act.

A. On June 8, 2010, the Defendant filed an application against the Plaintiff for a payment order claiming payment of the purchase price of goods with the U.S. District Court senior 2010 tea2444, and on June 8, 2010, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 7,297,600 and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment.” The said payment order was finalized on September 18, 2010.

B. On August 27, 2010, the Plaintiff (2010, 14268, 2010, 2010, 14268, 2010, 14268) received immunity on June 19, 2012 by filing a bankruptcy and application for immunity, and the said immunity became final and conclusive on July 5, 2012, and the list of creditors submitted by the Plaintiff included KRW 7,297,600 in the Defendant’s claim against the Plaintiff.

2. If so, it is obvious that the defendant's claim based on the payment order of this case against the plaintiff constitutes a bankruptcy claim and the above immunity decision becomes final and conclusive, and thus, it is obvious that the plaintiff's liability was exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act. Therefore, compulsory execution against the plaintiff of this case against the plaintiff cannot be permitted.

I would like to say.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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