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(영문) 서울중앙지방법원 2020.01.08 2019가단5148375
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is the authentic copy of a notarial deed with the executory power of No. 1282, 207.

Reasons

The defendant has a claim against the plaintiff for the principal of KRW 10,00,000 based on the authentic copy of a notarial deed with executory power of No. 1282 in 2007 and interest and delay damages thereon. The plaintiff filed an application for immunity with Seoul Central District Court Decision 201,2356 and the decision of immunity has become final and conclusive on March 13, 2013. At the time of the above decision, there is no dispute between the parties that the defendant's claim was omitted in the list of creditors.

However, the statement of evidence Nos. 1 and 2 alone cannot be seen as having known that the Plaintiff had a debt to the Defendant at the time of the application for immunity, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s debt to the Defendant was exempted.

I would like to say.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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