면책확인청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 19, 2013, the Plaintiff entered into a contract for the automobile leasing (lease) with the Defendant on a condition that the acquisition cost is 220,642,00 won, the lease period of 36 months, the monthly lease fee of 5,762,95 won, and the delay compensation rate of 24% per annum.
(B) The Defendant’s claim for the lease fee against the Plaintiff based on the foregoing lease agreement (hereinafter “the lease fee claim of this case”).
Upon commencement of rehabilitation procedures following the decision on commencement of rehabilitation procedures as of April 28, 2014 in the rehabilitation case of Seoul Central District Court 2014dan111, the Defendant reported that there was KRW 13,213,059 among the lease claim of this case, which was based on April 27, 2014.
As the Plaintiff denies the above lease fee claim on the ground of fraud, fraud, etc., the lawsuit for confirmation of rehabilitation claim was pending in Seoul Central District Court 2014 Mada995, the above rehabilitation case was abolished as of October 6, 2016, and the lawsuit for confirmation of rehabilitation claim was concluded on October 21, 2014.
C. On October 17, 2014, the Plaintiff filed a bankruptcy and an application for immunity with the Seoul Central District Court No. 2014Hadan10300, 2014 10300, the Plaintiff was declared bankrupt on March 11, 2015, and the bankruptcy was terminated on October 28, 2015 through the distribution of creditors from the bankruptcy estate, and the decision of immunity was made on the same day, and the said decision of immunity became final and conclusive on November 14, 2015.
In the above bankruptcy and exemption case, the Plaintiff did not enter the lease fee claim against the Defendant in the list of creditors, and the Defendant did not participate in the proceedings of the above bankruptcy and exemption case.
On the other hand, on November 24, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the lease fee claim of this case with the Seoul Central District Court 2015Gahap25803, and the said court held on February 9, 2017 that “the Plaintiff omitted the existence of the claim in bad faith,” and that the Defendant was aware of the Plaintiff’s declaration of bankruptcy.