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(영문) 수원지방법원안산지원 2020.07.08 2019가단13629
청구이의
Text

1. The defendant's Suwon District Court's Ansan Branch case against the plaintiff 2006 tea 8405 on August 21, 2006.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained card loans from C Bank from March 19, 2003, and reached KRW 16,012,418 on October 24, 2013 (hereinafter “instant loan”). B.

C Bank on October 24, 2003 transferred the claim for the loan of this case to D Securities, and D Securities transferred the claim for the loan of this case to the Defendant on the same day.

C. The defendant filed an application with the court for the payment order against the plaintiff for the payment of the principal and interest of the loan of this case (2006 tea8405) and the above payment order was finalized on September 12, 2006.

(hereinafter “instant payment order”). D.

On June 26, 2013, the Plaintiff filed an application for immunity with the Incheon District Court for bankruptcy and immunity. On November 29, 2013, the adjudication of bankruptcy became final and conclusive after having been declared bankrupt by the Incheon District Court Decision 2013Hadan3577, and on February 18, 2014, the decision of immunity became final and conclusive on March 11, 2014 upon being granted by the Incheon District Court Decision 2013Ma3573.

(hereinafter “instant bankruptcy and exemption”). E.

On the other hand, the plaintiff did not state his claim for the loan of this case on the creditor list at the time of applying for bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of recognition as to the cause of claim, the instant loan claims constitute a bankruptcy claim, which is a property claim arising from a cause arising prior to the declaration of bankruptcy, and are exempt from liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the decision on immunity becomes final and conclusive.

Therefore, compulsory execution based on the instant payment order is not allowed.

3. Judgment on the defendant's assertion

A. On April 26, 2013, two months prior to the filing of the instant application for bankruptcy and exemption, the Plaintiff confirmed the obligation of the instant loan by communicating with the Defendant on April 26, 2013. The Plaintiff was aware of the existence of the obligation of the instant loan.

In addition, the loan of this case even after the exemption has become final.

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