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(영문) 서울중앙지방법원 2016.03.03 2015가단205329
면책확인
Text

1. The Plaintiff’s obligation to the Defendant, including KRW 3,925,305 and interest thereon, was discharged.

Reasons

1. Facts of recognition;

A. Samsung Card Co., Ltd filed a lawsuit against the Plaintiff as the Incheon District Court Decision 2005 Ghana326185 against the Plaintiff for the payment of credit card bills.

On December 21, 2005, the above court rendered a ruling that "the plaintiff shall pay to Samsung Card Co., Ltd. 4,875,984 won and 4,552,600 won with interest of 28% per annum from July 15, 2005 to the day of complete payment," and the above ruling became final and conclusive around that time.

B. Samsung Card Co., Ltd.: (a) on November 11, 2010, to the Solomon Savings Bank; (b) on December 30, 201, to the Solomon Savings Bank; (c) on December 30, 201, to the NAS Group; and (d) on May 21, 2013, to the Defendant, the NAS Group transferred its claims to each Plaintiff; and (b) on June 11, 2013, each of the instant assignment of claims was notified to the Plaintiff.

C. The Defendant applied for a payment order with Seoul Central District Court Decision 2013 tea235807, stating that “the Plaintiff shall pay to the Defendant 12,089,045 Won and damages for delay in relation to KRW 3,925,305 among them,” and the payment order reached the Plaintiff on December 23, 2013, and became final and conclusive January 7, 2014.

(hereinafter “instant claim”). D.

The Plaintiff was declared bankrupt on April 22, 2014 and granted immunity on April 30, 2014 by filing bankruptcy and application for immunity with the Incheon District Court No. 2013Hadan5040, 2013 5036, and the Plaintiff was finally determined on May 15, 2014.

(hereinafter “instant exemption”) . E.

In applying for the exemption of this case, the Plaintiff entered KRW 118,672,713 (in relation to the Defendant’s obligation against the Defendant, the amount of KRW 3,965,485, and the remaining interest delay damages of KRW 8,484,163) in the list of creditors, including the Defendant, but the address of the obligee did not state the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 1 to 3, Eul evidence 1 to 1, Eul evidence 2, Eul evidence 2-3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion is exempt from liability of this case.

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