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(영문) 의정부지방법원고양지원 2016.08.26 2016가단12352
면책 확인
Text

1. The plaintiff's lawsuit against the defendant KNB card company is dismissed.

2. The plaintiff's defendant.

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the facts of recognition; or (b) the Defendant Gyeonggi Credit Guarantee Foundation paid the Plaintiff’s debt to the third financial institution around August 14, 2013; and (c) the Plaintiff was liable for the amount of 14,359,127 won by subrogation to the Defendant Gyeonggi Credit Guarantee Foundation; (b) the Plaintiff was liable for the Plaintiff’s credit card loans and credit card payments; and (c) the Plaintiff was liable for interest or delay damages; (d) the Plaintiff was liable for the Plaintiff’s credit card loans and credit card payments; and (e) the Plaintiff was liable for interest or delay damages; (e) the Plaintiff was liable for the principal and interest of 232,933 won to the Defendant Mine Agricultural Cooperative; and (e) the Plaintiff was found to have been exempt from immunity by the Defendant’s respective District Court Decision 2013Ha3917, Apr. 23, 2015 upon being declared bankrupt by the Plaintiff’s District Court.

2. The gist of the Plaintiff’s assertion is that the omission of the Defendants in the list of creditors at the time the Plaintiff was exempted from liability is not intentional but negligent, and thus, the Plaintiff’s respective obligations against the Defendants were discharged.

3. In full view of the reasoning of the judgment on the part of the Defendant’s NB Card ex officio and the overall purport of the evidence and oral argument, Defendant NB Card, Inc., is deemed to have discharged the Plaintiff’s above obligation. As such, there is no benefit in obtaining confirmation of the Plaintiff’s exemption from liability, and the Plaintiff’s lawsuit on the Defendant NB Card, which is unlawful.

4. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act regarding the part concerning the defendant's business credit guarantee foundation, a claim on the property arising from a cause before the debtor is declared bankrupt.

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