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(영문) 광주지방법원장흥지원 2016.08.24 2016가단746

면책확인의 소

Text

1. The Plaintiff’s credit card user fee of KRW 4,191,200, and fees and damages for delay against the Defendant.

Reasons

1. Indication of claim;

A. The Plaintiff joined as the Defendant’s credit card holder on March 29, 2002 and used the credit card. The Plaintiff’s principal amounted to KRW 4,191,200 and its fees and damages for delay remain.

(hereinafter “instant debt”). (b)

On December 19, 2014, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court. On June 17, 2015, the Plaintiff was declared bankrupt in the case of 2014Hadan2682, the declaration of bankruptcy, 2014da2682, and was declared bankrupt on June 17, 2015, and the decision became final and conclusive on November 20, 2015 upon being granted immunity on November 5, 2015.

C. The list of creditors prepared by the plaintiff did not state the debt of this case in the list of creditors. However, since the plaintiff did not recognize the debt of this case due to negligence at the time of the application for bankruptcy and immunity and omitted it in the list of creditors, it is reasonable to deem that the effect of immunity on the plaintiff is not limited to the debt of this case and the above debt also

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;