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(영문) 서울중앙지방법원 2019.09.25 2019가단10147
면책확인의 소
Text

1. It is assumed that the Plaintiff’s obligation based on the Seoul Central District Court Decision 2014 Ghana592237 against the Defendant was discharged.

Reasons

The defendant has a claim against the plaintiff for principal amounting to KRW 26,439,520 based on the Seoul Central District Court Decision 2014Gada592237 and damages for delay thereof, and the plaintiff received the decision of exemption on April 12, 2018 (the Mine District Court 2017Da1096), the decision of exemption became final and conclusive, and the fact that the defendant omitted the above claim in the list of creditors at the time the above decision of exemption was granted. There is no dispute between the parties.

However, considering that the delivery of the original copy of the payment order requested by the Defendant to the Plaintiff was about 13 years prior to the Plaintiff’s exemption, it is difficult to view that the Plaintiff was aware of the existence of the obligation against the Defendant and did not enter it in the list of creditors, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s obligation against the Defendant was exempted from liability

I would like to say.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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