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(영문) 전주지방법원 2019.08.23 2019가단2317
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 16, 2010, the Plaintiff, who was entrusted with raising by the Defendant, arbitrarily disposed of the chests without the Defendant’s consent, and on December 16, 2010, prepared and executed a notarial deed of a debt repayment agreement (a quasi-consumption agreement (hereinafter “instant notarial deed”) stating that KRW 16,000,000 shall be paid in installments each of the 8,000 won on December 16, 201 and October 16, 2011, respectively, as compensation for the damages to the Defendant.

(hereinafter “instant contract amount”). B.

On April 201, 201, the Plaintiff repaid the Defendant KRW 600,000 in total, including KRW 300,000,000, and KRW 300,000,00 on the date of non-standing.

C. On June 25, 2013, the Plaintiff filed an application for individual bankruptcy and exemption with the Jeonju District Court Decision 2013Hadan919, 2013Ma919, the Plaintiff omitted the entry of the obligation of this case against the Defendant, and was granted a bankruptcy decision on July 7, 2015 and a decision to grant immunity on July 24, 2015, and each of the said decisions became final and conclusive around that time.

The Defendant filed a lawsuit against the Plaintiff as Jeonju District Court 2018Kadan1443 against the Jeonju District Court, and the Plaintiff claimed that the Defendant exempted the Defendant from the obligation to pay the agreed amount as described in paragraph (3). However, on October 24, 2018, the said court rendered a judgment that “the Defendant (referring to the Plaintiff in this case) shall pay to the Plaintiff (referring to the Plaintiff in this case) 15 million won with 15% interest per annum from January 3, 2018 to the day of full payment, and the said judgment became final and conclusive around that time.”

(hereinafter referred to as “final and conclusive judgment in a prior suit”). [Grounds for recognition] The fact that there is no dispute, Gap 1 through 3, Eul 1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff's assertion omitted the defendant's claim for the contract amount of this case while filing a bankruptcy and application for immunity with the court, but it omitted the defendant's claim by negligence, and it was against the plaintiff.

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