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(영문) 서울중앙지방법원 2015.05.01 2014가단179331
운송료
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts - No. 1 of this case’s agency contract No. 21/20 on June 21, 2010: The parties: the main contents are from July 1, 2010 to June 30, 2012: the defendant A shall transport the substitute cargo to the plaintiff’s business partner while operating the agency of the plaintiff who is the home delivery company, and shall deposit the freight charges with the plaintiff on August 9, 201. The plaintiff shall, upon the plaintiff’s request on August 21, 201, pay the fees for provisional attachment of the D apartment No. 602 (the apartment of this case) of Eunpyeong-gu Seoul 201Kadan54825, claim amount, 5867, 171) against the plaintiff and the defendant’s joint surety No. 201 on June 25, 2011 (the Seoul Central District Court Decision No. 2010 on June 27, 2010>

2. The parties' assertion

A. The Plaintiff’s claim for the payment of the outstanding amount of KRW 32,682,979 out of the transportation charges of KRW 240,149,534 incurred under the instant agency contract.

B. The Defendants’ obligation to the Plaintiff was fully repaid, and the Defendants were granted immunity, and thus, they cannot comply with the Plaintiff’s claim.

3. Determination

A. Where a decision to grant immunity to a debtor in principle becomes final and conclusive, the debtor is exempted from all of his/her obligations to the bankruptcy creditor.

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