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(영문) 서울동부지방법원 2014.06.09 2013가단56151

대여금

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 December 29, 2006, the Plaintiff lent KRW 100,000,00 to C Co., Ltd. (hereinafter “Nonindicted Company”) whose representative director was the Defendant (hereinafter “Nonindicted Company”) on January 20, 207, with the due date set as January 20, 2007, and the Defendant jointly and severally guaranteed the above loan obligations of Nonparty Company.

B. On July 21, 2009, the Defendant declared bankrupt at the Seoul Central District Court 2009Hadan19508, filed an application for immunity with the Seoul Central District Court 2009Hadan19508 (hereinafter “instant application for immunity”). On October 26, 2010, the above court rendered a declaration of bankruptcy and a decision to grant the exemption (hereinafter “instant decision to grant the exemption”). On November 10, 201, the instant decision to grant the exemption became final and conclusive.

C. Even though the Defendant did not enter the Plaintiff in the creditor list at the time of application for immunity of this case as the creditor, the Defendant did not enter the above joint and several surety claim asserted against the Defendant in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. Since the defendant himself/herself has obtained the decision to grant the discharge of liability in this case, he/she has a defense prior to the conclusion that his/her obligation against the plaintiff was discharged, the debtor who has been exempted from the discharge pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act is exempted from all of his/her obligation to the bankruptcy creditors, and the debtor's obligation is naturally discharged and loses the ability to file a lawsuit and the power to execute execution that has ordinary claims. In this case, according to the above facts of recognition, the defendant's obligation against the plaintiff is exempted from its liability and becomes naturally liable as the decision to grant

B. Furthermore, at the time of the application for immunity in this case, the defendant is the person who omitted the above joint and several liability claims of the plaintiff in the creditor list, and the plaintiff bears the joint and several liability of the plaintiff.