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(영문) 의정부지방법원고양지원 2019.11.20 2019가단11060

포괄면책의 소

Text

1. The Defendant’s High Court Decision 2014 Ghana1404 decided April 28, 2015 against the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of each of the statements in Gap evidence Nos. 1 through 6 (including additional numbers), the defendant filed a lawsuit against the plaintiff for the payment of the loan (hereinafter "the judgment of this case"), and the lawsuit was initiated by public notice to the plaintiff, and on April 28, 2015, the plaintiff paid 5% interest per annum from May 21, 2003 to August 15, 2004, and 20% interest per annum from the next day to the date of full payment (hereinafter "the judgment of this case"). The judgment of this case was finalized around that time, and the plaintiff filed an application for exemption and exemption from liability with the court on October 8, 2015 (the judgment of Seoul Central District Court). The decision of this case was not made on May 21, 2003 to the defendant, and on April 28, 2015, to the extent that the plaintiff filed the exemption and exemption from liability with the court of Seoul Central District Court.

B. The Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the " Debtor Rehabilitation Act") is applicable.

Article 423 provides that "any property claim arising before the declaration of bankruptcy against the debtor shall be a bankruptcy claim," and the main sentence of Article 566 provides that "the exempted debtor shall be exempted from all liability for all obligations to the bankruptcy creditor except dividends pursuant to the bankruptcy procedures." Thus, even if it is not entered in the list of creditors of the application for immunity, the bankruptcy claim shall be exempted from its liability as the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the above Act.

C. A claim based on the instant judgment is a bankruptcy claim arising from a cause arising prior to the declaration of bankruptcy, and the same is recognized as having grounds falling under any of the proviso of Article 566 of the Debtor Rehabilitation Act.