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(영문) 대구지방법원 2016.11.11 2016가합203944
면책확인의 소
Text

1. The Plaintiff’s claim amounting to Defendant B KRW 88,127,076, and the Plaintiff’s claim amounting to KRW 400,000,000 and the above amount.

Reasons

1. Indication of claim;

A. On June 23, 2015, the Plaintiff filed an application for bankruptcy and exemption from liability with Daegu District Court Nos. 2012, 3310, and 2012Hadan3310, and the said court rendered a decision of exemption from liability against the Plaintiff and the said decision became final and conclusive around that time.

B. The Plaintiff omitted the obligation of indemnity against Defendant B and the obligation of loans to Defendant C on the list of creditors submitted at the time of applying for bankruptcy and exemption from liability, but did not have been omitted in bad faith, and thus, the obligation mentioned in Paragraph (1) of the Disposition was entirely exempted, and accordingly, sought confirmation.

2. Applicable legal provisions;

(a) Defendant B: Article 208(3)2 of the Civil Procedure Act (which is deemed as confessions made due to the absence of the Defendant);

(b) Defendant C: Article 208(3)3 of the Civil Procedure Act (by public notice)

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