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(영문) 서울중앙지방법원 2019.09.25 2019가단7653

면책확인의 소

Text

1. The Plaintiff’s principal amounted to KRW 26,485,821 as of January 15, 2019 against the Defendant and interest thereon, and delayed damage.

Reasons

On March 16, 2011, the Plaintiff’s husband B borrowed KRW 50,00 from Nonparty D Co., Ltd. as a second cargo loan, the Plaintiff jointly and severally guaranteed the above obligation, the Defendant’s final acquisition of the above obligation, the remaining principal of the above claim is KRW 26,485,821 (based on January 15, 2019), the Plaintiff received a decision of immunity (based on Incheon District Court 2012:2879), the fact that the decision of immunity became final and conclusive, and the fact that the Defendant’s claim was omitted in the creditor list at the time of such decision of immunity does not conflict between the parties.

However, considering the fact that the Plaintiff’s above principal obligation is not the principal obligation that the husband bears, but the obligation to the husband’s obligation is not the principal obligation that the husband bears, and that there is no reason to exclude the above obligation when applying for exemption, it is difficult to deem that the Plaintiff knew of the existence of the obligation against the Defendant and did not enter it in the list of creditors, and there is no other evidence to recognize it. Therefore, the Plaintiff’s

I would like to say.

The plaintiff's claim shall be accepted on the grounds of its reasoning.