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(영문) 서울중앙지방법원 2018.11.02 2018가단48732
면책확인의 소
Text

1. The Defendant’s obligation to the Plaintiff totaling KRW 47,351,519, including the principal and overdue interest, etc. against the Plaintiff.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the purport of the entire pleadings is as follows: (a) the plaintiff filed an application for immunity on April 6, 2018 with the Gwangju District Court 2017 Gwangju District Court Decision 1844, 2017Hadan1844 on December 22, 2017; and (b) the decision became final and conclusive on April 21, 2018; and (c) the plaintiff omitted obligations against the defendant, such as the order entered in the creditor list of the above case, by mistake.

(B) According to the evidence Nos. 1 and 2, the Busan District Court 2012TTT 2740, which designated the Plaintiff as the debtor, may recognize the fact that each original of the original of the collection order and the seizure and collection order of 2013TT 2013TT 15086, which was issued by the same court, was served on each of the children living together with the Plaintiff on March 5, 2012 and August 13, 2013. However, considering the above service time and the time when the Plaintiff applied for exemption from bankruptcy, such fact alone is difficult to deem that the Plaintiff intentionally omitted the obligation against the Defendant in the above bankruptcy and exemption case. Accordingly, the Plaintiff’s claim is accepted for reasons.

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