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(영문) 수원지방법원용인시법원 2020.12.03 2020가단20136
청구이의
Text

Of the instant lawsuit, the Defendant’s transfer money case against the Plaintiff is about the Suwon District Court of Suwon-si, 201j. 549.

Reasons

Basic Facts

On October 11, 2011, the Defendant filed an application for the instant payment order against the Plaintiff with the Suwon District Court for acquisition money.

On October 17, 2011, the above court rendered a decision on the instant payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 9,409,440 and KRW 3,572,08 with interest of KRW 29.9% per annum from October 11, 2011 to the date of full payment.”

On October 26, 2011, the original copy of the instant payment order was served on the Plaintiff, and it was finalized on November 10, 201.

Meanwhile, the Defendant’s claim against the Plaintiff, which was the basis of the instant payment order, (hereinafter “instant claim”) accrued prior to December 25, 2006.

On April 13, 2006, the Plaintiff was declared bankrupt on December 26, 2006, as Suwon District Court Decision 2006Hadan2649, 2006Ma2935, and was declared bankrupt on December 26, 2006. The Plaintiff was granted immunity on May 1, 2007, and the said immunity immunity (hereinafter “instant immunity exemption exemption”) became final and conclusive on May 16, 2007.

The list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and immunity was not indicated in the claim.

On February 12, 2020, the Defendant received a claim attachment and collection order against D, etc. (hereinafter “D”) based on the original copy of the instant payment order from the Suwon District Court 2020 Taga1802 on the basis of the original copy of the instant payment order, and on February 27, 2020, deposited from the D account in the name of the Plaintiff in the name of the Plaintiff 2,222,769 won from the D account in the name of the Plaintiff 2,200 won and deposited from the Defendant’s account in the name of the Plaintiff 2,225,769 won.

on March 6, 2020, the court of execution has completed the collection report.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings, among the lawsuits in this case, the execution based on the ex officio judgment of executive titles with respect to the part already collected by the defendant among the lawsuits in this case has been completed as a whole and the creditor has been satisfied, shall be sought as a lawsuit of objection to such compulsory execution.

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