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(영문) 서울중앙지방법원 2015.10.28 2015가단97047
면책확인
Text

1. The Plaintiff’s obligation to take over the amount of KRW 13,319,985 against the Defendant, and interest and damages for delay.

Reasons

1. There is no dispute between the parties that the Plaintiff bears the obligation, etc. to the Defendant as set forth in paragraph (1) of this Article.

2. However, according to the evidence evidence Nos. 1 through 3, the Plaintiff was granted immunity on January 3, 2014 by the Incheon District Court 2013 and 3155, and the said decision became final and conclusive on January 18, 2014.

Furthermore, even though the defendant was omitted in the list of creditors at the time of the decision, the plaintiff entered 7 creditor financial institutions and 11 debts, including the guaranteed debt against B, into the list of creditors, and filed an application for immunity, and even if the defendant notified the plaintiff of the takeover of the claim of this case and applied for a payment order under the court 201 tea9084 and applied for payment order as of February 24, 201 (Evidence No. 1 and 4) and the payment order accordingly became final and conclusive on February 24, 2011, there is insufficient evidence to deem that the plaintiff directly received the above notice of assignment of claim or the payment order (Evidence No. 1 and 4). In light of the above, the omission in the list of creditors is deemed to be due to the plaintiff's negligence or mistake,

3. If so, the Plaintiff’s debt against the Defendant is deemed to have been discharged from liability by the ruling of the Incheon District Court No. 2013-3155. It is so decided as per Disposition.

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