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(영문) 서울중앙지방법원 2016.06.16 2016나17438

양수금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Facts of recognition;

A. A. On October 15, 2001, AWn Round Co., Ltd.: (a) extended a loan to Defendant A at an annual interest rate of KRW 5 million (hereinafter “instant loan”); and (b) at the time Defendant B guaranteed the above loan obligations.

B. On December 29, 2006, EAWnives Day Co., Ltd. transferred the instant loan claim to YIP loan Co., Ltd., and on February 22, 2014, ESIPP loan Co., Ltd. transferred the instant loan claim to the Plaintiff (the Plaintiff, etc., previously changed).

C. Defendant A was declared bankrupt in the bankruptcy case at the Seoul Central District Court 2014Hadan709, and on May 13, 2015, Defendant A was granted immunity in the Seoul Central District Court 2014Ma709 case, and the decision to grant immunity became final and conclusive on May 28, 2015.

Defendant B was declared bankrupt in the bankruptcy case of Seoul Central District Court 2014Hadan710 on September 29, 2014, and was granted immunity in the Seoul Central District Court 2014Ma710 on September 29, 2014, and the said immunity became final and conclusive on October 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 3, each of the statements No. 2 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the Plaintiff’s claim for the instant loan against the Defendants, the Defendants asserted that the Defendants did not have a duty to repay the instant loan, since they were granted immunity.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Act") provides that "any property claim against a debtor arising prior to the declaration of bankruptcy shall be a bankruptcy claim" and Article 566 of the same Act provides that "the exempted debtor shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends arising from the bankruptcy procedures: Provided, That this shall not apply to the following claims: