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(영문) 서울서부지방법원 2016.05.11 2015가단40312
면책확인
Text

1. The Plaintiff’s obligation to the Defendant amounting to KRW 9,00,000 (based on September 4, 2015) confirms that the Defendant was exempted from liability.

2...

Reasons

On November 3, 2010, the Plaintiff borrowed KRW 10,000,00 from the Sub-si Branch of the National Agricultural Cooperative Federation.

On March 2, 2012, the National Agricultural Cooperative Federation was divided into the National Agricultural Cooperative Federation, Nonghyup Bank, Nonghyup Life Insurance Co., Ltd., and Nonghyup Property Insurance Co., Ltd., and the debt of this case was transferred to the debt of the Agricultural Life Insurance Co., Ltd., but the debt of this case was transferred to the debt of the Agricultural Cooperative Federation

On October 9, 2012, the Plaintiff repaid the principal amount of KRW 1,000,000 among the obligations under the foregoing paragraph (1) (hereinafter referred to as “instant obligation”).

(2) On April 9, 201, the Plaintiff: (a) was granted immunity on the claims indicated in the creditor list in the separate sheet in the Suwon District Court Decision 2014 Ma101 (Declaration of Bankruptcy 2014Hadan101); and (b) around that time, the decision became final and conclusive. [Grounds for recognition] In light of the following facts: (b) there is no dispute; (c) evidence Nos. 1 through 3; (d) evidence Nos. 1 through 3; and (e) the entire purport of the pleadings, barring any special circumstance, the Plaintiff’s obligations against the Defendant were discharged by the final and conclusive decision of immunity rendered in the Suwon District Court 2014Da101 (Declaration of Bankruptcy 2014Hadan101). Accordingly, the Defendant asserted that, in light of the Plaintiff’s individual personal information on the instant obligations, the Plaintiff did not know the existence of the obligations in this case and notified the corporate division of the National Agricultural Cooperative Federation’s corporate division.

According to the evidence evidence Nos. 2 through 6, the plaintiff applied for the extension of the term of "credit extended twice to the defendant's name" in the name of the defendant with respect to the debt of this case, as alleged by the defendant.

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