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(영문) 서울중앙지방법원 2017.07.26 2017가단5054537
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) filed a lawsuit against the Defendant for reimbursement claim No. 2008da58099 against the Defendant on June 27, 2008. The judgment became final and conclusive around that time.

B. Seoul Guarantee Insurance filed a lawsuit against the Defendant for reimbursement claim No. 2007 Ghana33866 against the Plaintiff’s claim No. 2, the Suwon District Court rendered a favorable judgment on June 28, 2007. The judgment became final and conclusive on July 24, 2007.

C. On December 12, 2014, the Defendant issued a written confirmation of debt balance from the Seoul Guarantee Insurance on December 12, 2014, only three confirmed claims were included therein, and the instant claims Nos. 1 and 2 were not included therein.

On December 23, 2014, the Defendant filed an application for individual rehabilitation with Suwon District Court 2014da176953 on December 23, 2014, stated three confirmed claims confirmed by the Seoul Guarantee Insurance in the list of creditors. Seoul Guarantee Insurance reported two additional claims against the Defendant in the procedure of individual rehabilitation on September 10, 2015.

However, the claims Nos. 1 and 2 were not added.

E. Meanwhile, on June 28, 2013, Seoul Guarantee Insurance transferred the instant claims Nos. 1 and 2 to the Plaintiff. The Plaintiff delegated the right to notify the assignment of claims from Seoul Guarantee Insurance to the Defendant by content-certified mail only when it was done on January 23, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 6, and the purport of whole pleadings

2. Determination

(a)No individual rehabilitation creditor has become aware of any omission of his/her claim in the list of individual rehabilitation creditors;

Even if there is an objection, it cannot be said that there is an obligation under the law or the good faith principle that should raise an objection.

However, Articles 81 and 82 of the Debtor Rehabilitation and Bankruptcy Act are applicable.

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