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(영문) 창원지방법원 2016.01.26 2015나8425

면책확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) On March 14, 2008, 198, 2008, 2008, 2000,000,000 Won Capital Co., Ltd. (the trade name before the change: 20

C. hereinafter referred to as “B”).

(B) 7 ton each diesel engine (in the case of combustion: 208 type, vehicle number: D, hereinafter referred to as “instant middle engine”).

38,000,000 won was loaned on a new and new discount basis (such loans are referred to as “instant loans”).

(B) On the same day, the Plaintiff jointly and severally guaranteed the instant loan obligations. B. On the same day, the Lone Star Loan Co., Ltd., and the Korea Lone Star Loan Co., Ltd., Ltd. (hereinafter “Korea LAWA loan”).

(C) On January 16, 2013, the Defendant acquired the claim for the instant loan from Korea-U.S. L&A loan. The Defendant filed an application with the Plaintiff for a payment order seeking payment of the instant loan claims, etc. with the Seoul Western District Court Decision 2014 tea36788, May 16, 2014 (hereinafter “instant payment order”).

On May 21, 2014, the above payment order was legally served on the Plaintiff and became final and conclusive around that time. Meanwhile, around October 1, 2014, the Plaintiff filed for bankruptcy with the Changwon District Court Decision 2014Hadan1617, and as the same court 2014Ma1625, respectively, on the same application, and the court rendered a request for immunity. The above court rendered a ruling of bankruptcy on November 19, 2014, and the decision of immunity on January 21, 2015 (hereinafter referred to as “decision of immunity”) is referred to as the “decision of immunity.”

The decision to grant immunity was made on February 5, 2015, and the decision to grant immunity of this case became final and conclusive on February 5, 2015. However, the claim to the loan of this case is not indicated in the list of creditors of the above decision to grant immunity. [Grounds for Recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 through 4 (each entry and the purport of

2. The parties' assertion

A. The Plaintiff is entitled to grant the Defendant’s claim for the instant loan to the list of creditors of this case.