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(영문) 서울중앙지방법원 2015.06.12 2014가단226220
면책확인
Text

1. The Plaintiff’s credit card issued by the Defendant on September 29, 2003 against the Defendant on July 29, 2014.

Reasons

1. Determination as to the cause of claim

A. In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 3 through 5, the plaintiff was granted immunity on November 27, 2008 upon filing the application for bankruptcy and immunity with the Changwon District Court 2007Da2037 and 2007Hadan2038, and the above immunity exemption became final and conclusive on December 18, 2008, and the plaintiff entered the defendant's claim against the plaintiff in the list of creditors in the above bankruptcy and immunity case (the first claim amounting to 14,790,000 won). The plaintiff submitted the card use content containing the fact that the plaintiff received cash service from the defendant on September 29, 2003 with the card issued by the defendant, and the fact that the defendant's claim against the plaintiff was omitted in the list of creditors of the above defendant.

B. The Plaintiff entered the Defendant’s claim in the above bankruptcy and exemption case, and the list of creditors of immunity omitted the Defendant’s claim, and the reason why the Defendant’s claim was omitted is unclear. As such, it is insufficient to view the Defendant’s claim as “a claim not entered in the list of creditors in bad faith by the obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act merely because the Defendant’s claim was omitted in the list of creditors of immunity decision, and there is no other evidence to view the Defendant’s claim as non-exempt claim

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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