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(영문) 부산지방법원 2021.01.15 2020가단8148
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff at Busan District Court on June 22, 2016, based on the payment order No. 5884 dated June 22, 2016.

Reasons

1. Basic facts

A. On June 15, 2006, the Defendant filed a payment order (the Busan District Court 2006 tea 17460) with the Plaintiff, C, and D on June 16, 2016. From this court, the Defendant received a payment order stating that “The Plaintiff, etc. jointly and severally with the Defendant, and with respect to KRW 10,00,000,000, and its amount from October 20, 1996 to the delivery date of the original copy of the instant payment order, 5% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment,” and the above payment order was finalized on July 11, 2006.

B. On April 6, 2015, the Plaintiff filed an application for adjudication of bankruptcy and exemption from liability with the Busan District Court 760, 2015 (760) at the bottom of 2015, and obtained a decision to grant immunity from this Court on December 18, 2015. At the time of the said application, the Plaintiff did not enter the Defendant’s claim (hereinafter “instant claim”).

(c)

For the purpose of the extension of prescription on June 13, 2016, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff, etc. shall jointly and severally pay KRW 27,208,537 to the Defendant and KRW 10,000 from August 17, 2012 to the date of delivery of the original copy of the instant payment order, and KRW 20% per annum from the following day to the date of full payment (hereinafter “the instant payment order”). The instant payment order was finalized on July 12, 2016.

(d)

On August 26, 2016, the Defendant filed an application for the issuance of a seizure and collection order (7001, 201, 2016) with the debtor with the Busan District Court Branch Branch Branch of Busan District Court as the Republic of Korea, E, and F, the Plaintiff, the third debtor, as the Republic of Korea, E, and the stock company, and received the acceptance from the said court on August 26, 2016.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1 through 9, Eul's evidence Nos. 1 through 17 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties, at the time of applying for the adjudication of bankruptcy and exemption.

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