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(영문) 서울중앙지방법원 2016.04.22 2015가단120664
채무부존재확인
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s debt 1) around January 2002, the Plaintiff applied for the membership of credit card holders to the Industrial Bank of Korea and used the credit card from the said bank. (2) The Industrial Bank of Korea transferred the Plaintiff’s claim against the Plaintiff on May 27, 2008 to the Korea Deposit Keeping Company, and on June 27, 2008, the Korea Deposit Keeping Company transferred its claim against the Plaintiff to the Defendant.

3) On April 28, 2010, the notice of assignment of claims jointly signed by the Industrial Bank of Korea, the Korea Commercial Bank, the Korea Commercial Bank, and the Defendant was sent to the 1st floor of Seodaemun-gu Seoul, Seoul, the Plaintiff’s resident registration address, and C, the Plaintiff’s parent on April 29, 2010, received the Plaintiff’s credit card payment obligation. 4) The Plaintiff’s credit card payment obligation as of October 20, 2015, was the principal amount of KRW 7,38,196, interest of KRW 1,215,914, interest of KRW 10,280,926, interest of KRW 18,85,036,06.

B. The Plaintiff was declared bankrupt on August 27, 2012 by filing a petition for bankruptcy and an application for immunity with the Seoul Central District Court No. 201Hadan10793, 201 10793, and was decided to grant immunity on February 13, 2013. The above decision became final and conclusive around that time. 2) However, in the case of the above bankruptcy and application for immunity, the Defendant was omitted in the list of creditors submitted by the Plaintiff.

The creditors listed in the list of creditors are the Korea Asset Management Corporation, Korea Housing Finance Corporation, Korea National Bank, and Korea FIS Corporation, and Korea FIS Specialized in FIS, the amount of claims is the total of 49,463,126 won, the total of 84,978,858 won, the total of 134,441,984 won.

[Ground of recognition] Evidence No. 1-1, 2, 2, 3, Eul evidence No. 1-5, Eul evidence No. 2-1, 2, 3, 3-1, 2, 4 through 6, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the assertion is that the plaintiff's decision to grant immunity to the plaintiff in the above case of the above application for bankruptcy or exemption exemption became final and conclusive, and thus constitutes a bankruptcy claim.

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