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(영문) 서울중앙지방법원 2015.07.17 2015가단66388
면책확인
Text

1. It is confirmed that the Plaintiff’s obligation to take over KRW 15,189,035 against the Defendant was exempted.

2. The costs of lawsuit shall be individually counted.

Reasons

1. The fact that the Plaintiff did not dispute, on January 15, 2014, filed a bankruptcy and application for immunity with the Incheon District Court No. 2014Hau262, 2014 and 261, and received a decision of immunity on November 27, 2014. The above decision of immunity became final and conclusive on December 12, 2014, and the fact that the Plaintiff did not state the obligation to take over the order against the Defendant (hereinafter “instant obligation”) on the list of creditors, does not conflict between the parties.

2. The party's assertion and judgment

A. The plaintiff asserted that the plaintiff did not know the existence of the debt of this case and did not enter it in the creditor list, and therefore, the effect of the immunity of this case extends to the debt of this case. On this point, the defendant asserts that the effect of the immunity of this case does not extend to the debt of this case since the plaintiff knew the existence of the debt of this case and did not enter it in the creditor list.

B. The following circumstances are revealed in Gap evidence Nos. 1 and 7: (i) the obligation of this case was incurred by the defendant by acquiring the claim against the plaintiff from another financial institution; (ii) there is no evidence to prove that the defendant or original financial institution has taken any measure, such as demanding repayment, until the plaintiff applies for the immunity of this case (i.e., the defendant sent the notice of assignment of claim to the plaintiff on November 14, 2013; and (iii) the plaintiff's relative has received the notification of assignment of claim to the plaintiff on the ground that the plaintiff did not reside in the domicile of the above content-certified mail; and (iv) the list of creditors contains several recommended claims to be borne by the plaintiff at the time of the application for immunity.

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