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(영문) 서울서부지방법원 2018.08.23 2018나34487
양수금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to Gap evidence 1 and 2 as to the cause of the claim and the purport of all pleadings, C&C Co., Ltd.: 25.10,000,000 won on May 25, 2006; 29.10,000,000 won on June 29, 2007; 31.0,000,000 won on July 31, 2007; 30.40,000,000 won on January 30, 208; 30,000,000,000 won on Jan. 30, 2008; 36.4.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.41 of the above C&C loans to the defendant;

According to the above facts, the defendant is obligated to pay the money claimed as part of the above principal and interest of loan to the plaintiff as the final transferee, unless there are special circumstances.

2. The defendant's defense against the defendant's defense of exemption is defense that the defendant's claim of this case was exempted from liability in bankruptcy proceedings.

According to the evidence Nos. 1-5 and the purport of the entire pleadings, the Defendant received the order of discharge from 1876 of the Jung-gu District Court 2016, Apr. 3, 2017 (2016Hadan1876, declaration of bankruptcy) and confirmed on April 18, 2017, and the list of creditors of the above bankruptcy and exemption cases causes 141,737,948 for the remainder of the principal loans of the U.S. Fund, one of the assignees of the instant bonds.

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