양수금
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. The Plaintiff’s assertion that the Seoul Trust Bank (Merger with Han Bank Co., Ltd.) had against the Defendant around April 1995, the Plaintiff received lawful transfer of the claim for loans against the Defendant, following order: (a) 40,633,114 won and 9,164,049 won, which are the principal of the loan, from the day following the delivery of a copy of the complaint to the day of full payment. Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment.
2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that a debtor who has been exempted from liability is exempted from all liability for all debts to bankruptcy creditors except for dividends under bankruptcy proceedings. Here, the term “liability” means a debtor who continues to exist, but cannot compel the debtor to perform his/her obligation. Thus, a debtor who has been declared bankrupt becomes subject to final and conclusive after the decision on discharge becomes final and conclusive shall lose the ability to file a lawsuit for which he/she has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the facts of this court or the written evidence evidence Nos. 1 through 4, the defendant filed a declaration of bankruptcy and exemption under the Incheon District Court Decision No. 2014Ha-2222 and 2014, the above court requested the above court to grant exemption from liability for the defendant’s debts prior to the declaration of bankruptcy, which constitutes a claim for the above loans against the defendant.
In this regard, the plaintiff is a way for the defendant to peruse the records of the Federation of Banks or peruse the past records of trial.