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(영문) 서울중앙지방법원 2018.04.24 2018가단5016686
면책확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in each statement entered by Gap 3 and 4, on May 19, 2017, the Plaintiff was granted a decision to grant immunity on August 28, 2017 upon filing a bankruptcy and application for immunity with the Daejeon District Court Decision 2017Hau10122, 2017, and 1017, and the said decision to grant immunity became final and conclusive on September 13, 2017.

In the above bankruptcy and immunity case, the plaintiff can be acknowledged that the defendant did not enter the claim for the communications fee stated in the list of creditors in the purport of the claim against the plaintiff (hereinafter referred to as "claim of this case").

2. The assertion and judgment

A. The gist of the assertion asserts that the claim of this case was exempted from the immunity decision of this case, since the Plaintiff did not know the existence of the obligee merely as the obligee did not enter the claim of this case in the obligee’s list without intention.

In this regard, the defendant asserts that the plaintiff did not enter the above claim in the list of creditors with knowledge of the existence of the claim in this case, and therefore, the claim in this case constitutes non-exempt claim.

B. Comprehensively taking account of the above facts and the overall purport of the pleadings in the statement in the statement in 1 and 2 above, the Plaintiff appears to have been aware of the existence of the instant claim at the time of the application for bankruptcy and exemption, and even if the Plaintiff did not enter the instant claim in the creditor list by negligence, it cannot be viewed differently. Thus, the Defendant’s claim against the Plaintiff constitutes non-exempt claim.

We accept the defendant's assertion disputing the plaintiff's exemption.

1) On May 18, 2017, the day immediately before the filing date of the instant bankruptcy and exemption application, the Plaintiff entered into a sales contract for mobile telephone services and terminal installment services with the Defendant. 2) The Plaintiff paid only KRW 57,120,00 as used from May 18, 2017 to May 31, 2017, and continues to pay the fees for at least three months from May 19, 2017 to August 28, 2017 upon receipt of the exemption decision of this case.

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