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(영문) 서울서부지방법원 2016.05.03 2015가단28060
면책확인
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On August 2, 2012, the Plaintiff asserted that: (a) on August 2, 2012, the Seoul Central District Court rendered an application for personal bankruptcy and exemption (hereinafter “instant application for bankruptcy and exemption”); (b) obtained a decision of exemption on August 14, 2013 (hereinafter “instant decision of exemption”); and (c) in the process, the Defendant did not separately enter the Defendant in the creditor list, knowing that the Defendant’s obligation to use credit card to the Defendant is the same as the obligation to the new bank to which he/she was a stock company; and (d) the effect of the instant decision of exemption does not extend to the Defendant’s obligation to use credit card deposits to the new bank.

2. The fact that the Plaintiff received the decision to grant the exemption of this case, and the fact that the obligation against the new bank is stated in the creditor list of the decision to grant the exemption of this case, and that the obligation against the Defendant is omitted, there is no dispute between the respective parties.

However, in full view of the evidence evidence Nos. 1 through 3, the Plaintiff filed an application for individual rehabilitation with the Seoul Central District Court 2010da1671 on Jan. 12, 2010, prior to the filing of the application for bankruptcy or exemption, and all of the creditors of the above individual rehabilitation case were recorded in the list of creditors of the above individual rehabilitation case (the procedure was abolished on May 22, 2010), and the Defendant filed an application for the payment order with the Plaintiff for the payment order against the Plaintiff on July 18, 2012 as the court No. 2012 tea36473 on July 23, 2012, and the original copy of the above payment order reached the Plaintiff on July 23, 2012. The Plaintiff immediately thereafter filed an application for bankruptcy or exemption on Aug. 2, 2012, stating that the new bank was recorded in the list of creditors, and that the Defendant was omitted on Apr. 25, 2012.

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