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(영문) 서울중앙지방법원 2016.05.12 2015가단184538

기타(금전)

Text

1. The Plaintiff’s credit card payment of KRW 3,880,860 against the Defendant, and interest thereon and damages for delay.

Reasons

1. Basic facts

A. The Plaintiff used the credit card issued by SP Investment Co., Ltd. (hereinafter “SP”), and the Nonparty Company transferred all of the credit card payment claims against the Plaintiff to the Defendant around May 28, 2007. B. On October 5, 2011, the Defendant applied for a payment order against the Plaintiff under Suwon District Court Sung-nam Branch 201j539, and applied for a payment order against the Plaintiff on October 14, 2011, and the Plaintiff “from the said court” was issued to the Defendant for KRW 8,35,093 and KRW 3,80,860,860 as to KRW 8,35,00 and its 3,880,860 as to KRW 29.9% per annum from September 28, 201 to the date of full payment, and the payment order was finalized on October 14, 2011.

The credit card payment claim is 'the credit card payment claim of this case'.

(c) Around September 2013, the Plaintiff filed a bankruptcy and application for immunity with the Suwon District Court No. 2013Hadan6206, 2013 6206. A creditor list prepared at the time of the filing of a claim for immunity was KRW 41,929,303 (based on principal; hereinafter the same shall apply).

The claim amounting to KRW 19,382,82, and KRW 63,256,125 was stated in the claim amounting to KRW 1,944,00,00,000, but the credit card payment obligation against the Defendant was not stated.

On November 13, 2014 after the bankruptcy is declared, the court shall grant immunity to the above bankruptcy and application for immunity.

A) The decision to grant immunity became final and conclusive at that time. [The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. Assertion and determination

A. The gist of the parties’ assertion asserts that the Plaintiff exempted the Plaintiff’s obligation against the Defendant by the decision on immunity of this case, since it was not maliciously omitted while the Plaintiff omitted the instant credit card payment claim in the creditor list in the course of bankruptcy and application for immunity.

In regard to this, the Defendant shall pay the instant card to the Plaintiff.