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(영문) 서울남부지방법원 2017.03.07 2016가단46288

면책확인

Text

1. The Plaintiff’s obligation against the Defendant, including KRW 1,498,161 and interest thereon and delay damages, was discharged.

Reasons

1. Facts of recognition;

A. On August 12, 2009, the Plaintiff received a loan of KRW 1,500,000 from 1,50,000 from 30,000 from 48.6% of the loan. The 31 December 31, 2009, 200, 200, 200 to the Defendant.

B. Meanwhile, on September 29, 2014, the Plaintiff filed an application for immunity with the Suwon District Court No. 2014Da5575, and filed an application for adjudication of bankruptcy with the said court No. 2014Hadan575, respectively. At the time of the said application, the Plaintiff entered a total of seven creditors and total amount of KRW 43,976,497 in the list of creditors, but omitted the Defendant’s claim for reimbursement.

C. Thereafter, the decision to grant immunity to the Plaintiff was rendered on October 15, 2015, and the decision to grant immunity became final and conclusive on October 30, 2015.

(hereinafter referred to as “instant immunity”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 5, the purport of the whole pleadings.

2. Determination

A. According to the above facts, the defendant's claim for the amount of the above transfer money is a claim for property arising from a cause that occurred before the bankruptcy of the plaintiff is declared against the plaintiff, and constitutes bankruptcy claims, and the debtor who has been exempted from liability is exempted from all obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure, and thus, the plaintiff's claim for the amount of the above transfer money is exempted from liability. Thus, as long as the defendant contests this, the plaintiff

B. As to the Defendant’s assertion, the Defendant asserts that the effect of the decision on immunity of this case does not extend to the claim for reimbursement of this case, since the Plaintiff knew of the Defendant’s claim for reimbursement of this case at the time the exemption of this case was in progress and omitted from the creditor list

Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that one of non-exempt claims shall be "a claim not entered in the list of creditors in bad faith by an obligor." In this case, the obligor shall be entered in the list of creditors in bad faith.