면책확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts [The grounds for recognition: Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, Eul evidence No. 2 (payment note), and the plaintiff signed as a joint and several surety in the above payment note without choice by the defendant's intimidation and coercion. Thus, the plaintiff's assertion is invalid. However, since there is no evidence to acknowledge the above assertion, the plaintiff's assertion is not accepted.
(2) Each entry and the purport of the whole pleading
A. On August 24, 2012, after the Plaintiff was declared bankrupt by Seoul Central District Court Decision 2012Hadan1562, the Plaintiff was granted immunity (hereinafter “instant immunity”). The instant immunity became final and conclusive around that time, and the list of creditors submitted by the Plaintiff did not indicate the Defendant’s claim.
B. On September 10, 2013, the Defendant issued the payment order on September 26, 2013 to the Plaintiff, B, and C, which was the Seoul East-gu District Court Decision 2013 tea7070, “The Defendant introduced the Seoul Gangnam-gu D Corporation as if he was the owner of the building and the Plaintiff. On January 1, 2011, upon entering into the business agreement with the Defendants, the Plaintiff deceiving the Plaintiff to the effect that it would allow the construction contract to be entered into between the owner and the Plaintiff, and filed an application for the payment order seeking payment of KRW 28 million and delayed damages therefor from the Plaintiff from January 201 to February 201. The said court issued the payment order on September 26, 2013, and the said payment order was served on the Plaintiff on November 23, 2013, and the representative director was finalized on December 10, 2013 to KRW 300,000,313,200.
“A letter of payment was prepared and issued, and the Plaintiff and B signed and sealed each of them as a joint and several surety.
2. Determination on the cause of the claim
A. The plaintiff's assertion is about KRW 28 million against the defendant and its interest liability.