beta
(영문) 서울중앙지방법원 2020.12.24 2020가단5243849

면책확인

Text

Seoul Central District Court 2012j72199 against the plaintiff is based on the payment order for the guaranteed debt of the defendant.

Reasons

1. Basic facts

A. On March 5, 2004, the Seoul Regional Veterans Administration, the Defendant’s affiliated agency, lent KRW 20,000 to B, the Plaintiff’s fraud, pursuant to the Act on the Support of Discharged Soldiers. At the time, the Plaintiff jointly and severally guaranteed the Defendant’s above loan obligation (hereinafter “instant loan obligation”).

(hereinafter the Plaintiff’s joint and several liability obligations against the Defendant (hereinafter “instant joint and several liability obligations”).

On June 19, 2007, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with Suwon District Court No. 2007Hadan8302, 2007, and 8336 (hereinafter “instant bankruptcy and application for immunity”), and upon receiving immunity on April 25, 2008, the aforementioned immunity became final and conclusive on May 10, 2008.

(C) the decision to grant immunity that became final and conclusive as above is “the decision to grant immunity in this case” (hereinafter “the decision to grant immunity”).

However, at the time of the bankruptcy and application for immunity, the list of creditors submitted by the Plaintiff was not indicated with the debt of this case.

On the other hand, on September 25, 2012, when at least four years have passed since the decision to grant immunity of this case became final and conclusive, the Defendant filed an application with the Seoul Central District Court for payment order against the Plaintiff, who is a joint and several surety of the instant loan debt, seeking the performance of the guaranteed debt under the Seoul Central District Court Decision 2012

In addition, on October 24, 2012, the above court issued a payment order stating that "the plaintiff shall pay to the defendant 9,405,430 won and the principal 5,474,580 won among them at the rate of 9% per annum from September 11, 2012 to January 22, 2013, and 20% per annum from the next day to the date of full payment (hereinafter "the instant payment order"). The instant payment order was finalized on February 6, 2013.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. According to the above-mentioned determination as to the cause of the claim, a claim based on the instant payment order is a property claim arising before the bankruptcy is declared and constitutes a bankruptcy claim, and the decision to grant immunity of this case becomes final and conclusive.