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(영문) 수원지방법원 2017.12.14 2017가단10691
면책확인
Text

1. The Plaintiff’s principal amount to the Defendant at KRW 1,527,341 as of November 12, 2014 and interest thereon.

Reasons

1. Facts of recognition;

A. The Plaintiff, on the foreign exchange card, was liable for the principal of the loan amounting to KRW 1,527,341 as well as interest and delay damages thereon (hereinafter “instant debt”). However, the foreign exchange card transferred the said claim to Commena Loan Co., Ltd., and the Commena Loan Co., Ltd. was transferred to mentmena Limited Liability Company and mentmena Limited Liability Company on November 12, 2014 to the Defendant.

B. On January 23, 2017, the Plaintiff filed for bankruptcy and immunity with the Suwon District Court No. 2016Hadan3065 and 2016Ma3065, and was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”).

The decision to grant immunity becomes final and conclusive on February 7, 2017, and the Plaintiff did not enter the Defendant’s above claim in the list of creditors in the bankruptcy and immunity procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. In light of the following circumstances acknowledged prior to the determination of the cause of the claim, it is difficult to deem that the Plaintiff did not enter the instant debt in bad faith in the list of creditors when compiling the list of creditors, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s instant debt against the Defendant constitutes a claim that was not entered in the list of creditors because the Plaintiff was unaware of the existence of the obligation, and constitutes a claim that was not entered

The Plaintiff reported the transferee of the claim similar to the Defendant as the obligee at the time of the decision to grant the immunity of this case.

B. The instant amount of debt is KRW 1,527,341, the principal of which is KRW 1,527,341, and there is no big difference between the remaining principal and other claims indicated in the creditor list, and it is difficult for the Plaintiff to find reasons to omit the instant obligation in bad faith while entering other claims assignees

C. The Defendant’s claim against the Plaintiff on the foreign exchange card has been transferred to the third transferee on several occasions, as well as in the process of each transfer of claim.

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