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(영문) 서울중앙지방법원 2015.07.09 2015가단5080273

면책확인 청구의 소

Text

1. The Plaintiff’s acquisition amount of KRW 67,986,101 and interest thereon, delay damages, and other related matters.

Reasons

1. The plaintiff's bankruptcy and exemption shall be decided on November 11, 2010 upon the exemption of creditor Korea Asset Management Corporation, Korea Credit Guarantee Fund, and Busan District Court 2010Hadan1290/2010.

(A) The defendant's obligation to take over the debt of the defendant on December 2, 2009 is the person to whom the debt of the non-party B entered into a loan transaction agreement with the non-party NFFC prior to the transfer of the debt of the loan.

Before the Defendant receives the transfer of the instant claim, the Koro New Loan Co., Ltd. filed a claim against the Plaintiff for the acquisition of the instant claim against the Plaintiff, Seoul Western District Court 2012 tea 2119, and the Plaintiff filed a written objection and a written answer against this claim.

(A) An order for payment of the evidence No. 3, A’s written objection No. 4, A’s answer No. 5). After that, Co., Ltd. transferred the claim of this case to Non-Party mentoron Loan Co., Ltd., and Non-Party mentoron Loan Co., Ltd. again transferred it to the Defendant.

(A) The assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment.

(A) On-the-spot No. 7 notice prior to commencement of the legal action on-site visit). 3. The assignee-the-counter claim of this case does not constitute non-exempt claims, and Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor granted immunity shall be exempt from the responsibility for all obligations to the bankruptcy creditors, except for dividends under the bankruptcy proceedings.

The following claims shall not be exempted from liability:

(b)

7. Claims not entered in the list of creditors in bad faith by the obligor: Provided, That the same shall not apply if the obligee has become bankrupt;

“. It is called.”

The debtor's claim not entered in the list of creditors in bad faith is prior to the decision of immunity.