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(영문) 인천지방법원 2019.06.14 2019가단1571

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed money from each organization as collateral under the credit guarantee agreement with the Defendant as of September 24, 2008 and March 9, 2009, respectively, and as of March 23, 2010, it was impossible for the Defendant to pay the money accordingly.

B. The Defendant filed a lawsuit against the Plaintiff as the Incheon District Court 2010Gaso345364, and on December 30, 2010, the Defendant received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from the above court that “the Plaintiff shall pay to the Defendant 21,578,403 won and 19,804,114 won among them, 15% per annum from November 27, 2010 to January 7, 201, and 20% per annum from the next day to the day of full payment” (hereinafter “decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on January 22, 2011.

C. On January 19, 2010, upon filing a bankruptcy and application for immunity, the Plaintiff was granted decision on December 22, 2010 (Seoul District Court Decision 201Hacheon-do320, 2010, 320, hereinafter “instant decision on immunity”). The instant decision on immunity became final and conclusive on January 6, 201.

At the time of the above bankruptcy and application for immunity, the Plaintiff entered loans, etc. to B organizations in the list of creditors, but did not enter the obligations for indemnity against the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion does not intentionally omit the obligation of indemnity against the defendant at the time of the above bankruptcy and application for immunity. Thus, the plaintiff's claim that the plaintiff's obligation of indemnity against the defendant was also exempted by the immunity decision of this case. Thus, the compulsory execution based on the decision of performance recommendation of this case should not be denied.

B. 1) Determination of the relevant legal doctrine and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).

"Claims by an obligor in bad faith not entered in the list of creditors" referred to in subparagraph 7 of Article 566 means the obligor.