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(영문) 인천지방법원 2015.04.10 2013가합32549

양수금

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff:

A. Defendant A Co., Ltd and C shall be jointly and severally liable for 1,251.

Reasons

1. Determination as to the claim against Defendant A, C, and D

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant A and C: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) 2 of the Civil Procedure Act) under the applicable provisions of Acts: Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Defendant B’s claim of this case by the Plaintiff constitutes a bankruptcy claim based on the property claim arising from a cause arising before the declaration of bankruptcy, and Defendant B is granted immunity after the declaration of bankruptcy, and thus, Defendant B is exempt from the responsibility for the above claim.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim arising from the cause before the declaration of bankruptcy against the debtor shall be a bankruptcy claim." Article 566 of the same Act provides that "An obligor who has been exempted shall be exempted from all debts to the bankruptcy creditors except dividends under the bankruptcy procedure: Provided, That no liability shall be exempted with respect to the claims falling under the following subparagraphs." Thus, even if bankruptcy claims are not entered in the list of creditors of the application for immunity, their responsibility shall be exempted with respect to the effect of immunity unless they fall under the subparagraphs of the proviso of Article 566 of the same Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010), 1 through 5 (including serial numbers), 1 to 1, 2, and 566, comprehensively taking account of the overall purport of pleadings in the loans made by the National Bank of Korea (hereinafter "National Bank") and the National Bank of Korea (hereinafter "Korea National Bank") as 197.7.2, 197.