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(영문) 서울서부지방법원 2018.10.17 2018가단4096
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on March 28, 2016 by the Seoul Western District Court 2016 tea 23631.

Reasons

1. Facts of recognition;

A. On December 18, 2015, the Plaintiff was granted immunity due to bankruptcy and the decision to grant immunity became final and conclusive on January 5, 2016.

The list of creditors with the above exemption includes KRW 370,730,29,000,000,000,000,000 from 18 lending companies, such as acquisition bonds (the principal of the loan, KRW 20,414,117, and interest rate) of the SPS Savings Bank (the Hyundai SPS Savings Bank, a stock company, Hyundai SPS Savings Bank, hereinafter referred to as “SPS Savings Bank

B. If the Defendant acquired a loan bond (loan principal 1,081,861 won) from the SBA Savings Bank, it applied for a payment order against the Plaintiff, and the payment order issued on March 28, 2016 was finalized on May 5, 2016 upon the Defendant’s application.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3 and 6, and the purport of the whole pleadings

2. In light of the type, amount, etc. of the above exemption claim, it is reasonable to view that the Defendant’s loan claims that the Defendant acquired from the SBA Savings Bank were exempted from liability on January 5, 2016, as part of the credit claims against the Plaintiff of the SBA Savings Bank. Therefore, compulsory execution based on the above payment order cannot be permitted.

3. According to the conclusion, we decide to accept the Plaintiff’s claim and decide as per Disposition.

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