beta
(영문) 부산지방법원 2016.09.01 2015가단76376

면책확인

Text

1. The Plaintiff’s obligation of loans of KRW 2,00,000 to the Defendant on December 22, 2001 and interest thereon.

Reasons

1. Basic facts

A. On December 22, 2001, the Plaintiff borrowed KRW 2 million from the Korea Saemaul Bank (hereinafter “instant loan”), but failed to repay it (hereinafter “the instant loan”). On July 2, 2007, the Korea Saemaul Bank liquidated its dissolution by a general meeting’s resolution, and transferred its existing obligation to the Defendant, a superior agency.

B. As of November 3, 2015, the loan obligations of this case, as of November 3, 2015, remain in KRW 2 million with principal and KRW 3,332,315 with accrued interest.

C. On December 8, 2014, the Plaintiff filed an application for adjudication of bankruptcy and exemption pursuant to the Busan District Court Decision 2014Hadan2960, 2014Ma2960, the Plaintiff received the adjudication of bankruptcy and the decision of abolition and the decision of immunity (hereinafter “the decision of immunity of this case”) on April 16, 2015, and the decision of immunity of this case became final and conclusive around that time.

At the time of the above bankruptcy and exemption, the Plaintiff did not enter the obligation of the instant loan in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the instant loans constitute bankruptcy claims with claims for property arising from causes arising before bankruptcy is declared, and the obligor, who has been exempted, is exempted from all obligations to bankruptcy creditors except dividends pursuant to bankruptcy procedures, and thus, the instant loans are exempted from all obligations to bankruptcy creditors. As long as the Defendant contests this, the Plaintiff’s profits to seek confirmation.

B. As to the Defendant’s assertion, the Defendant notified the Plaintiff of the demand for the repayment of the instant loan and the assignment of the claim once twice in 2009 and once in 2012, and accordingly, the Plaintiff omitted the Defendant’s claim for the instant loan at the time of declaration of bankruptcy and application for exemption from liability in the creditor list, and thus, the above immunity exemption becomes effective.