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(영문) 광주지방법원 장흥지원 2017.01.25 2016가단1213

면책확인의 소

Text

1. The Plaintiff’s guaranteed liability against the Defendant KRW 20,496,231 (the first principal debtor B on March 22, 2002) and its related thereto.

Reasons

1. Indication of claim;

A. On March 22, 2002, B loaned money from the Defendant, and the Plaintiff guaranteed B’s obligation to repay loans to the Defendant. The Plaintiff’s obligation to repay unpaid loans to the Defendant is KRW 20,496,231 as of September 27, 2016.

(hereinafter “instant debt”). (b)

On December 21, 2007, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court. On September 1, 2010, the decision to grant immunity became final and conclusive on September 1, 2010 upon the declaration of bankruptcy and the decision to grant immunity in the case of 2007Hadan9713, 2007 the declaration of bankruptcy and the decision to grant immunity.

C. The list of creditors prepared by the plaintiff did not state the debt of this case in the list of creditors. However, since the plaintiff did not recognize the debt of this case due to negligence at the time of the application for bankruptcy and immunity and omitted it in the list of creditors, it is reasonable to deem that the effect of immunity on the plaintiff is not limited to the debt of this case and the above debt also

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;