채무부존재확인
1. It is confirmed that the Defendant’s claim in the separate sheet against the Plaintiff was exempted from liability.
2. The costs of lawsuit shall be.
1. Basic facts
A. The Plaintiff received each loan of KRW 3 million on November 12, 2010, and KRW 500,000 on October 17, 2011 from the Nonparty Hyundai Capital Co., Ltd. (hereinafter “Saman Capital”).
(hereinafter “each of the instant loans”). (b)
On July 7, 2014, the Plaintiff filed a bankruptcy and application for immunity with the Jeonju District Court (2014Hau 787, 2014, 787, 2014, 787). At the time of the said application, the Plaintiff entered a total of nine creditors in the list of creditors, but omitted the entry of each of the instant loans obligations against Hyundai Capital; the Plaintiff rendered a decision of immunity on October 22, 2015; and the said decision of immunity became final and conclusive on November 6, 2015.
C. Meanwhile, around June 5, 2015, Hyundai Capital transferred each of the instant loans to the Plaintiff to the Defendant, and notified the Plaintiff of the above transfer on or around June 10, 2015 (the receipt of the credit transfer notice is Nonparty B, the Plaintiff’s mother). On or around January 21, 2016, the Defendant urged the Plaintiff to repay each of the instant loans to the Plaintiff via the document “Guidance on Credit Recovery Support through Debt Adjustment”.
[Ground of recognition] Facts without dispute, Gap's 1 to 5, Eul's 1 to 6, the purport of the whole pleadings
2. According to the judgment on the cause of the instant claim, according to the above facts, each of the instant loans constitutes bankruptcy claims with respect to property claims arising from a cause arising prior to the declaration of bankruptcy, and barring any special circumstance, the obligor, who has been exempted, is exempted from the responsibility for all of the obligations owed to the bankruptcy creditors except dividends pursuant to bankruptcy procedures, and thus, each of the instant loans owed to the Defendant against the Defendant was exempted, and as long as the Defendant contests this, the Plaintiff has a benefit to seek confirmation.
3. As to the Defendant’s assertion, the Defendant has made installment payments of each of the instant loans until August 25, 2013, and each of the instant loans claim on June 10, 2015.