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(영문) 수원지방법원 2018.01.18 2017가단27903

면책확인

Text

1. The Defendant’s loan charges of KRW 7,021,940 and interest thereon have been discharged.

Reasons

1. Facts of recognition;

A. The Plaintiff’s debt to the Defendant (1) entered into a new long-term rental agreement with the Defendant on October 13, 2014, and began to use the said vehicle on November 7, 2014.

② The Plaintiff began not to pay rent from September 2015, and continued to pay rent from January 2016.

Accordingly, the defendant terminated the above new long-term loan contract on May 13, 2016.

③ At the time of August 29, 2017, the rental fee, etc. that the Plaintiff did not pay to the Defendant in relation to the said new long-term rental agreement is KRW 7,021,940 in total (hereinafter “instant obligation”).

B. On May 10, 2016, the Plaintiff’s bankruptcy and exemption from immunity filed a petition for bankruptcy and exemption from immunity (Seoul Central District Court 2016Da3388), along with the list of creditors attached thereto (Seoul Central District Court 2016Da3388), and on February 13, 2017, the exemption from immunity became final and conclusive around that time.

The debt of this case is not indicated in the above list of creditors.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. The obligor who received the exemption from the determination on the cause of the claim is exempted from the responsibility for all obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure. According to the above recognition fact, the Plaintiff was granted the exemption from the immunity and the exemption from the immunity became final and conclusive, and the Plaintiff’s obligation to the Defendant was extinguished by the exemption from the immunity

B. On May 13, 2016, the Defendant notified the Plaintiff of early termination and the occurrence of the claim, and the Plaintiff appears to have known the instant debt at the time of the petition of bankruptcy. According to this, the Plaintiff did not enter the instant debt against the Defendant in the creditor list in bad faith. Thus, the Plaintiff asserts that the instant debt shall not be exempted pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act.

Each entry of the evidence Nos. 3 and 4 is examined.