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(영문) 대구지방법원 2020.05.26 2019가단143909

면책확인

Text

1. The Daegu District Court Decision 2015 tea7834 against the Plaintiff was 1,898,401 won due to the payment order in the loan case.

Reasons

1. Determination as to the cause of claim

A. 1) On January 12, 2011, the Plaintiff (hereinafter “instant case of bankruptcy or exemption”) shall be the case of bankruptcy or exemption in the instant case of this case, 2010 lower court’s 2622, 2012, and 2622, 2010.

(2) On February 8, 2002, the Defendant loaned KRW 3 million to the Plaintiff, but filed an application for payment order against the Plaintiff as a loan case of this court 2015 tea7834 against the Plaintiff. On December 29, 2015, the court issued an order for payment on December 29, 2015, “The Plaintiff shall pay to the Defendant 1,898,401 and this amount at the rate of KRW 19% per annum from October 7, 2015 to the date of full payment, and the payment order was finalized on January 20, 2016.”

(hereinafter referred to as “instant claim”). 【No dispute exists, Gap evidence Nos. 1-5 (including each number), Eul evidence Nos. 2, and the purport of the whole pleadings.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The exempted debtor is exempted from all of his/her obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure.” According to the above facts, the Defendant’s instant claim against the Plaintiff is a bankruptcy claim, and barring any special circumstance, barring any special circumstance, the Plaintiff’s liability was exempted according to the immunity, and the Plaintiff is a benefit to seek confirmation.

2. Defendant’s assertion and judgment

A. Defendant’s assertion 1) As the Plaintiff did not enter the instant claim in the list of creditors in the bankruptcy or exemption proceeding of the instant case, the Plaintiff is not exempt from the Plaintiff’s liability (hereinafter “instant claim”).

(2) Since a pledge is established on the instant claim, the Plaintiff’s responsibility is not exempted.