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(영문) 서울북부지방법원 2015.03.27 2014가단25914
청구이의
Text

1. The Seoul Northern District Court Decision 2009j. 22026 against the plaintiff of the defendant (the defendant corporation's Manun Entertainment's succession).

Reasons

1. Facts of recognition;

A. The Defendant filed a payment order (hereinafter “instant payment order”) with the Seoul Northern District Court Decision 2009 teab2026, claiming the Plaintiff’s claim against the water purifier decline that was acquired from the IM Global, and received the payment order from the said court (hereinafter “instant payment order”). The instant payment order was finalized on September 22, 2009.

On September 11, 2010, the Defendant acquired the claim against the Plaintiff on the date of the instant payment order from the E&A Entertainment, Inc., and the instant transfer company’s notification of the transfer of claim reaches the Plaintiff on May 16, 2014.

B. The Plaintiff was granted immunity on November 30, 2010 by filing an application for immunity with the Gwangju District Court No. 2009Do43894, and the said decision became final and conclusive on December 15, 2010 (hereinafter “instant immunity”). At the time of the said immunity application, the creditor list submitted by the Plaintiff was omitted the obligation of the company with respect to the C&A Entertainment.

C. On December 1, 2014, the Plaintiff filed a lawsuit for the confirmation of exemption under the Seoul Northern District Court Decision 2014Kadan21721, asserting that the claim against the Plaintiff of the Ban Entertainment, Inc., was exempted from liability, and was sentenced to the judgment that confirmed that the Plaintiff’s obligation to the Ban Entertainment, based on the instant payment order, was exempted from liability, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts of determination, it shall be deemed that the Plaintiff’s obligation to the K&C Entertainment based on the instant payment order is exempted, and the obligation to the Defendant who acquired the above obligation to the K&C Entertainment’s transferee of the above obligation shall also be deemed exempted. As the Plaintiff’s obligation based on the instant payment order is exempted, compulsory execution based on the instant payment order shall not be permitted.

As to this, the defendant shall issue the payment order by the plaintiff's sibling.

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