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(영문) 서울동부지방법원 2016.07.15 2016가단15984

면책확인

Text

1. The Plaintiff’s payment order issued on April 22, 2016 by the Seoul Eastern District Court (Seoul Eastern District Court) 13,311.

Reasons

In full view of Gap's statements and the purport of the argument as to the cause of the claim Gap 1-5, the defendant claimed against the plaintiff for an order of payment as Seoul Eastern District Court 2016 tea11535, and the defendant loaned 5 million won to the defendant on May 11, 2002 as the cause of the claim to the defendant, and issued a credit card to the defendant on April 2, 2002. The plaintiff transferred 13,311,746 won in total, including the above loans and credit card payment claims, to the defendant before the transfer of 13,31,746 won in total to the defendant on April 22, 2016. The above court asserted that "the plaintiff received 13,311,746 won in total from the defendant and 5,784,399 (loan) in total from April 20, 2016 to 200, 2000 won in total, 2018.

Therefore, barring any special circumstance, the Defendant’s claim for the amount of KRW 13,311,746 against the Plaintiff (such as principal, interest, delay damages, etc.) shall be deemed exempted from the above immunity decision, and as long as the Defendant contests the effect of the above immunity decision, there is a legal interest to confirm it.

As to the defendant's defense, although the plaintiff knew that he would bear the obligation to the defendant at the time when immunity is granted, the defendant omitted the defendant in the creditor list, so the above obligation to the defendant is not exempted pursuant to Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act, but only the above obligation is written from 1 to 4.