beta
(영문) 부산지방법원 2018.05.23 2017나53439

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. Basic facts

A. On 2002, the Defendant entered into an agreement to borrow KRW 5,640,000 from Hyundai Capital Co., Ltd. at the interest rate of 29% per annum.

(hereinafter “instant claim”). (b)

Since then, on May 11, 2004, Hyundai Capital Co., Ltd. transferred the instant claim to the Social Co., Ltd., Ltd., Ltd., and notified the Defendant of the assignment of the said claim by content-certified mail around June 19, 2004.

동양파이앤셜 주식회사는 2008. 4. 29. 동서자산관리 주식회사에게 이 사건 채권을 양도하고 2008. 6. 9.경 피고에게 내용증명 우편으로 위 채권양도 통지를 하였다.

On April 29, 2009, Dong Western Asset Management Co., Ltd. transferred the instant bonds to ASEAN Asset Management Co., Ltd. and notified a notary public of the assignment of the instant bonds with a certificate with a certified fixed date of the joint law office on June 26, 2009.

Since then, around January 7, 2011, the management of ASEAN transferred the instant claim to the Plaintiff, and notified the transfer of the said claim by content-certified mail around January 20, 201.

C. On January 9, 2013, the Defendant filed a bankruptcy and application for immunity with the Seoul Central District Court (Seoul Central District Court Decision 2013Hadan235, 2013Ha235, and 2013Ma235, and was declared bankrupt on May 28, 2013, and rendered a decision of exemption on October 8, 2013 (hereinafter “instant decision of exemption”), respectively, and the said decision of exemption became final and conclusive on October 26, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 17, Eul evidence 1 to 4, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the " Debtor Rehabilitation Act") provides for "any claim on property that has arisen before the debtor is declared bankrupt shall be deemed a bankruptcy claim" and "the debtor so exempted" provided for in Article 566 of the same Act shall be exempted from the responsibility for all obligations owed to the bankruptcy creditor, except any distribution under the bankruptcy procedures.