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(영문) 서울중앙지방법원 2019.08.21 2018가단60558

면책확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant acquired credit card payment claims (the principal and interest as of February 29, 2016, KRW 7,728,439, hereinafter “instant claims”) that D had against the Plaintiff according to the asset transfer agreement concluded on March 22, 2016, and notified the Plaintiff of the assignment of claims on April 6, 2016 upon delegation of all acts concerning the notification of the assignment of claims from the said bank. On April 20, 2016, the Defendant received the claim from the Plaintiff’s spouse.

B. On January 23, 2017, the Defendant issued a payment order (hereinafter “instant payment order”) with the content that “the Plaintiff shall pay to the Defendant the amount of KRW 7,728,439 and 3,626,66 of the Plaintiff’s KRW 15% per annum from January 27, 2017 to the date of complete payment” (hereinafter “the instant payment order”) with respect to the Plaintiff’s claim for the payment of the acquisition amount as Seoul Central District Court Decision 2016 tea5307, Jan. 26, 2017, the original copy of the said payment order reached the Plaintiff on January 26, 2017, and became final and conclusive as is on February 10, 2017.

C. On March 17, 2017, the Defendant received a claim amounting to KRW 7,790,865 with the enforcement title of the instant payment order as the KRW 7,790,865, under which the Defendant received a claim seizure and collection order under the Sung-nam Branch Branch Branch of Sungwon District Court 2017TT2479, and the said original of the said decision reached the Plaintiff on April 27, 2017.

On the other hand, on October 10, 2017, the Plaintiff filed a bankruptcy and application for immunity with the Suwon District Court Decision 2017Hadan100884, 2017, 100884, and upon receipt of a decision to grant immunity on August 28, 2018 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on September 13, 2018, and the instant claim was not stated in the creditor list of the bankruptcy and exemption cases.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above findings of recognition as to the cause of the claim, the instant obligation according to the decision to grant immunity, barring any special circumstance.