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1. The Defendant’s order against the Plaintiff was issued on February 12, 2016 by the Seoul Southern District Court 2016 tea 5147.
Reasons
1. Facts of recognition;
A. On February 24, 2006, C Co., Ltd. (hereinafter “C”) had a credit card use-price refund claim ( principal amount of KRW 8,002,980 and interest and delay damages thereon; hereinafter “instant claim”) against the Plaintiff.
B. C transferred the instant claim to D Co., Ltd. on the same day, and D Co., Ltd. transferred the instant claim to E on August 1, 2008, E Co., Ltd. to F Co., Ltd. on June 16, 2009, and F Co., Ltd. to G Co., Ltd on June 22, 2009.
C. On May 8, 2010, G Co., Ltd filed an application with the Plaintiff for a payment order seeking the payment of the instant claim with the Seoul Western District Court Decision 2010 tea6514, and the said court issued the payment order on May 10, 2010, the said payment order was served on the Plaintiff on May 17, 2010, and the payment order was finalized on June 1, 2010.
G Co., Ltd. transferred the instant claim to the Defendant on November 28, 2011.
On January 26, 2016, the Defendant filed an application with the Plaintiff for a payment order seeking payment of the instant claim with Seoul Southern District Court 2016 tea5147, and the said court issued the payment order on February 12, 2016. On February 16, 2016, the Plaintiff’s mother issued the payment order, and the said payment order was finalized on March 3, 2016 upon being served with the original copy of the said payment order at the Plaintiff’s domicile.
(hereinafter “instant payment order”). E.
On the other hand, on July 20, 2016, the Plaintiff filed a bankruptcy and application for immunity with Suwon District Court 2016Hadan100361 and 2016Ma10361. On November 2, 2017, the Plaintiff was subject to discontinuation of bankruptcy and exemption from immunity (hereinafter “instant exemption from immunity”), and the said exemption from immunity became final and conclusive on November 17, 2017.
However, the list of creditors submitted by the Plaintiff to the above bankruptcy procedure did not contain the claim of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Debtor Rehabilitation and Bankruptcy Act regarding the cause of the claim (hereinafter “Rehabilitation Act”).