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(영문) 서울중앙지방법원 2015.12.11 2015가단147041
청구이의
Text

1. The defendant's compulsory execution against the plaintiff by the Seoul Central District Court 201 tea 5980.

Reasons

On April 20, 2015, the Plaintiff filed for bankruptcy with this Court No. 2015Hadan2457, and was declared bankrupt on April 20, 2015. On June 26, 2015, the fact that the decision became final and conclusive upon being granted immunity by this Court No. 2015, Jun. 26, 2015 is recognized based on the respective descriptions of evidence Nos. 2, 3 and 4 and the purport

The Defendant’s claim against the Plaintiff is a claim for a loan under a loan agreement made on November 18, 2002 by the Bank, which was transferred through the Korea Ef&A Specialized Asset-backed Securitization Limited Company and the Korea Social Loan Corporation established prior to the declaration of the Plaintiff’s bankruptcy, and thus, barring any special circumstance, the Defendant’s claim against the Plaintiff is exempt from the above immunity prior to the declaration of the Plaintiff’s bankruptcy. Therefore, compulsory execution based on the payment order made by the Defendant against the Plaintiff

In this regard, the defendant was served with the written order for payment. Therefore, although the defendant alleged that he had failed in bad faith to the creditor list even though he was aware of the defendant's claim, it cannot be recognized that he was aware of the defendant at the time of filing a petition for bankruptcy (the plaintiff's bankruptcy creditor is the National Dives Fund, and it is more likely that the defendant, the creditor of the plaintiff, was not aware of the fact that he was served with the payment order for the written order,

The plaintiff's claim is accepted.

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