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(영문) 서울동부지방법원 2015.10.30 2015가단27676

면책확인

Text

1. The Plaintiff’s obligation against the Defendant based on the payment order No. 2014, 135, Seoul Eastern District Court (Seoul East District Court) was discharged.

Reasons

According to the statement in Gap 1-6, the plaintiff was granted the Suwon District Court 2012Da372 on January 16, 2013 and the decision of immunity became final and conclusive. However, on January 3, 2014, the defendant filed an application against the plaintiff for a payment order claiming the payment of the acquisition amount of KRW 9,213,444, by asserting that he/she received the claim incurred before the decision of immunity became final and conclusive. On January 6, 2014, the payment order ordering the payment of the above amount was issued, and the above payment order became final and conclusive.

According to the above facts, the plaintiff's obligation against the defendant based on the above payment order was exempted pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and as long as the defendant contests the validity of the above payment order, there is a legal interest to confirm it.

Therefore, the plaintiff's claim is justified and accepted.