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(영문) 서울중앙지방법원 2016.05.19 2016가단17390

면책확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 24, 1998, the Plaintiff received loans of KRW 4.5 million and KRW 17.8 million from the Non-Party Peace Bank Co., Ltd. (hereinafter “Non-Party Bank”).

On the other hand, the plaintiff's children B, C, and D (hereinafter referred to as "the plaintiff et al.") were jointly and severally guaranteed by the plaintiff's children.

B. On September 30, 2004, the claim under the preceding paragraph against the plaintiff et al. of the non-party bank was transferred before the transfer, and was transferred to the defendant (the non-party bank, the Hanman Co., Ltd.) on September 30, 2004 (hereinafter "the claim of this case"). On December 21, 2007, the defendant applied for the payment order seeking payment of the claim of this case against the plaintiff et al. with the Seoul Central District Court 2007 tea98035 case.

C. On January 18, 2008, the original copy of the payment order pursuant to the above application was delivered to C and D on January 22, 2008, respectively. Accordingly, C and D were dissatisfied with C and D (C requested bankruptcy and exemption and the decision of immunity became final and conclusive on March 23, 2007, and D applied for bankruptcy and exemption around that time). The above payment order against the plaintiff was finalized on February 6, 2008.

On the other hand, with respect to B, the original copy of the above payment order was not served and was submitted to the litigation procedure, and as a result of the lawsuit by public notice, the judgment accepting the defendant's claim was sentenced.

On the other hand, B applied for individual rehabilitation on June 25, 2010 by Suwon District Court 2010Da22096 and obtained authorization of the commencement decision on August 20, 2010 and the repayment plan on December 30, 2010. The list of creditors reported by B in the above case was included in the list of creditors.

E. On November 6, 2010, the Plaintiff filed for bankruptcy and immunity and the decision to grant immunity was finalized on the grounds that the Suwon District Court Decision 2009Hadan12318, 2009Ma12318 and the decision was finalized on November 6, 2010.

(hereinafter “instant immunity”). The list of creditors reported by the Plaintiff in the instant case shall be the creditor.