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(영문) 서울중앙지방법원 2017.08.08 2016가단152026

면책확인

Text

1. The Defendant’s acquisition money case against the Plaintiff by Seoul Central District Court Decision 2015Da5125842 decided October 23, 2015.

Reasons

1. Basic facts

A. The promotion mutual savings bank (hereinafter “promotion mutual savings bank”) filed a lawsuit against the Plaintiff on the claim for the payment of credit card use amount by Seoul Southern District Court Decision 2005Da34610, and received a favorable judgment from the above court on May 11, 2005. The above judgment became final and conclusive on June 8, 2005.

Service on the plaintiff was made by public notice in the lawsuit above.

B. On July 21, 201, the Defendant acquired the claims described in the foregoing paragraph against the Plaintiff from the promotion mutual savings bank, and sent the notice of assignment to the Plaintiff by evidentiary mail.

Then, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of the assignee fee (Seoul Central District Court 2015Gada5125842). On October 23, 2015, the Defendant received a favorable judgment from the above court that “the Plaintiff shall pay to the Defendant 20,374,427 won and 4,245,721 won with 15% interest per annum from October 22, 2015 to the date of full payment,” and the above judgment became final and conclusive around that time.

(hereinafter referred to as the “instant judgment,” and the above claim is referred to as the “instant claim”). In the instant lawsuit, the service on the Plaintiff was served by public notice.

C. Meanwhile, the Plaintiff was granted immunity on January 20, 2016 in Seoul Central District Court Decision 2015Da9084, 2015Hadan9084 in the case of declaration of bankruptcy, and the said immunity became final and conclusive on February 12, 2016.

The Plaintiff entered only KRW 10,692,013 (principal 2,500,000 + interest and delay damages + KRW 8,192,013) in the list of creditors submitted the above exemption case, and did not state the Defendant’s above claim.

According to the judgment stated in the foregoing Paragraph (b), the Defendant applied for a collection order on November 21, 2016 by the Seoul Central District Court 2016TTT 20887, with the amount of KRW 20,374,427 as the obligor, the third obligor, the Han Bank, the Korea Bank, and the claimed amount of KRW 20,374,427.

Grounds for recognition: Facts without dispute, A1-3 evidence, and