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(영문) 수원지방법원 안산지원 2017.02.08 2016가단71716
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed the application for immunity for bankruptcy and immunity (hereinafter “instant application for immunity”) with the District Court 2008Hadan3704 and 2008 Ma3705 (hereinafter “instant application for immunity”), and received the declaration of bankruptcy on October 2, 2008, the decision of immunity on February 10, 2009, and the said decision of immunity became final and conclusive on February 27, 2009.

However, while filing an application for immunity in the instant case, the Plaintiff omitted the Plaintiff’s obligation (hereinafter “instant obligation”) with respect to the Plaintiff’s Hyundai Department Store (hereinafter “Stock Company”) (hereinafter “instant obligation”).

B. The assignee of the instant claim filed a lawsuit against the Plaintiff to seek the performance of the instant obligation with the Daejeon District Court 2009 Ghana15390, the Acheon-si Branch of the Daejeon District Court.

After the above court had proceeded with the above case by public notice, on January 13, 2010, the court rendered a judgment that "the plaintiff shall pay 24% interest per annum from August 15, 2009 to the day of full payment with respect to 5,537,313 won and 2,511,480 won among them" (hereinafter "the judgment of this case").

The instant judgment became final and conclusive on February 10, 2010.

C. On February 16, 2015, the Defendant: (a) acquired the instant claim from the Human Estate Management; (b) accepted the notification of the assignment of claims from the Human Estate Management; and (c) notified the Plaintiff of the assignment of claims on July 28, 2016.

The Defendant issued the succeeding execution clause based on the instant judgment on September 13, 2016, and the Plaintiff was served with the instant judgment and the succeeding execution clause on September 23, 2016.

In addition, on October 18, 2016, the defendant was issued a collection order for the seizure and collection of the claim under the 2016TTT 10980, miscellaneous to the judgment of this case. The plaintiff was served on November 15, 2016.

E. On November 3, 2016, the Plaintiff filed a lawsuit of this case to the effect that “The Plaintiff did not file an appeal to supplement the instant judgment, and confirmed that the instant obligation was exempted.”

【Ground for recognition】 There is no dispute, Gap 1.

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