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(영문) 대전지방법원공주지원 2019.11.14 2018가단1093
면책확인
Text

1. The plaintiff's 2,831,760 won and interest obligation against the council of occupants' representatives is exempted.

Reasons

1. Request to the defendant council of occupants' representatives;

A. On August 9, 2016, the Plaintiff, which indicated the claim, obtained immunity from the Incheon District Court No. 2015Hau4177, 2015 and 4180. At the time of application for immunity, the Plaintiff omitted and omitted the obligation to the Defendant’s council at the time of application for immunity, and did not have been maliciously omitted. Thus, the Plaintiff sought confirmation that the Defendant’s council of occupants’ representatives was exempted from the obligation to pay interest and the obligation to the Defendant’s council of occupants’ representatives.

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

A. On September 16, 2014, Defendant C was rendered a ruling that “the Plaintiff shall pay to the Plaintiff 39,182,198 won and 10,728,959 won per annum from August 22, 2014 to the date of full payment.” The above ruling became final and conclusive around that time, the Plaintiff filed an application for bankruptcy and exemption under the Incheon District Court Decision 2015Hau4177, 2015, 4180 on August 9, 2016, and the above decision was not written in the claim list of creditors (hereinafter referred to as “the claim list”). The above decision did not become final and conclusive on August 25, 2016.”

3) Meanwhile, on June 3, 2015, the Plaintiff was issued by Defendant C with a debt certificate stating the instant claim. [In the absence of any dispute over the grounds for recognition, the Plaintiff’s entries in Gap’s 2, 3, 6, 7, and Eul’s evidence Nos. 1 and the purport of the entire pleadings.

B. The Plaintiff’s assertion was omitted due to the negligence of the agent who was in charge of the pertinent duties while intending to report the instant claim at the time of application for immunity, and thus, the Plaintiff did not have any intention of omission. Therefore, the decision of immunity became final and conclusive, and the Plaintiff’s responsibility for the instant claim

Therefore, it is sought to confirm that the obligation of Defendant C was exempted from the obligation of 50,427,450 and interest.

(c) judgment of the debtor;

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