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(영문) 서울중앙지방법원 2017.04.27 2017가단6069

면책확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 23, 2010, the Seoul Central District Court 2009Kadan48826 filed a lawsuit against the plaintiff et al. seeking payment of the acquisition amount, etc., and on April 23, 2010, the judgment of the court below that "the plaintiff jointly and severally with the corporation B, paid the amount of 134,86,019 won and 58,202,192 won among them to the social company of the same Yangyang Korea, within the limit of 308,00,000 won, and 18% per annum from November 26, 2009 to December 31, 2009, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on June 11, 2010.

B. On November 1, 2010, the Social Co., Ltd. transferred the above credits (24,202,192 won of the outstanding principal as of September 30, 201) to the Defendant. On January 17, 2011, it notified the Plaintiff of the transfer of the above credits.

C. The defendant is the assignee of the above bonds.

In order to obtain an execution clause for succession of the acquisition amount stated in the claim, the judgment was rendered in favor of the plaintiff et al. by filing a lawsuit for grant of execution clause with Seoul Central District Court 2016da84543.

On the other hand, on October 29, 2012, the Plaintiff was determined on November 14, 2012 by the Gwangju District Court No. 2012, 1768, 2012Hadan1768, and the said decision became final and conclusive on November 14, 2012. At the time, the Plaintiff omitted the entry of the claim in the list of creditors at the time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2-1, 2, Eul evidence No. 3, obvious facts to this court, the purport of the whole pleadings

2. The plaintiff's assertion that the exemption from liability does not constitute an intentional omission in the list of creditors, and the defendant asserts that the exemption from liability does not extend to the debt of this case. The plaintiff's lawsuit of this case has no interest in confirmation, and even if the benefit of confirmation is recognized, the plaintiff was aware of the above obligation by receiving the complaint of the case of taking over money and the judgment, etc. in Seoul Central District Court 2009Da48826.