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(영문) 서울중앙지방법원 2017.01.11 2016가단111605

면책확인의 소

Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant Telecommunications Korea Loan Co., Ltd. shall be dismissed.

Reasons

1. In full view of the facts without any dispute over the basis of facts, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings, the plaintiff concluded a loan of KRW 2,00,00 on February 5, 2014 with Seoul Central District Court No. 2014Hadan113 and 2014, and the Seoul Central District Court decided bankruptcy and immunity against the plaintiff on September 24, 2014 and the above decision became final and conclusive around that time. The list of creditors of the above exemption case did not state the plaintiff's obligations against the defendants, such as the stated in the purport of the claim. The plaintiff borrowed KRW 2,00,00 from the C Partners Loan of Co., Ltd. of 30, July 8, 2011 and transferred the above loan of KRW 50,000 to Marshall 1, 2012, the loan of KRW 20,000,000 to 30,000,0000 (hereinafter referred to as the above loan No. 6.33) loan.

2. Whether the part of the claim against Defendant Telecommunications Korea Loans is legitimate

A. On September 29, 2014, Defendant Telecommunications Korea Loan filed a request with the Plaintiff for a payment order against the Seoul Western District Court for the payment of loans under the said monetary loan agreement (Seoul Western District Court 2014 tea60884). The said court issued the said payment order on October 10, 2014.