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(영문) 서울중앙지방법원 2016.06.15 2014가단5212837
계금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the Plaintiff’s claim was paid KRW 204,250,000 by joining the sequence operated by the Plaintiff (from January 2004 to December 2005).

However, the total amount paid by the Defendant is only KRW 176,680,000.

Therefore, the defendant is liable to pay the unpaid amount of KRW 27,570,000 and damages for delay.

In addition, the defendant joined the Serial System operated by the plaintiff (from June 28, 2009 to July 28, 2011, 26, 400,000 won per month, and 50,000 won per month after the payment of the fraternity) and another Serial System (from December 15, 2009 to August 15, 201, 21, 21, 50,000 won per month, and 60,000 won per month after the payment of the fraternity). The defendant subscribed to the Serial System operated by the plaintiff, from June 28, 2009 to July 28, 201, total amount of the fraternity unpaid by the defendant was 30,80,00 won.

The defendant prepared and delivered a loan certificate for the above settlement amount of KRW 32,80,000.

Therefore, the above borrowed money is obligated to pay 30 million won and damages for delay.

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s assertion and judgment became final and conclusive upon the declaration of bankruptcy and grant of immunity, and the Plaintiff stated the Plaintiff as the obligee in the list of creditors submitted at the time of filing an application for bankruptcy and exemption and did not intentionally omit the Plaintiff’s claim, thereby asserting that the instant lawsuit is unlawful.

In full view of the entries and the purport of the evidence No. 4, the Defendant filed an application for bankruptcy and exemption (hereinafter “application for bankruptcy and exemption”) with the Incheon District Court No. 2015Hadan1304, 2015Ma1308 (hereinafter “instant application for exemption”). At the time, the Plaintiff was entered in the list of creditors submitted by the Defendant, and the Defendant was granted the exemption decision (hereinafter “instant exemption decision”) from the above court on December 1, 2015, and the fact that the said exemption decision became final and conclusive around that time.

According to the above facts of recognition, pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), the obligation against the plaintiff is fulfilled.

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