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(영문) 서울중앙지방법원 2017.08.30 2017가단5054315

양수금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The allegations and judgment of the parties

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

[Grounds for recognition] The items of evidence Nos. 1 through 5 and the purport of the whole pleadings

B. As to the Defendant’s assertion 1), the Defendant was declared bankrupt and exempted from immunity, the Defendant asserts that the Plaintiff cannot comply with the Plaintiff’s claim. In full view of the purport of the entire pleadings in each of the entries in the evidence Nos. 1 through 4, the Defendant’s claim as indicated in the separate sheet (hereinafter “instant loan claim”).

After the occurrence of the lawsuit of this case, on November 14, 2006, Suwon District Court 2006Hadan11471, 2006Ma13092, each of which filed an application for bankruptcy and exemption, and on August 30, 2007, the adjudication of bankruptcy was rendered on October 19, 207, respectively, and on November 6, 2007, the adjudication of exemption became final and conclusive on November 6, 2007. However, the lawsuit of this case is unlawful as there is no benefit of protection of rights since the bankrupt's obligation becomes natural obligation and has ordinary obligation and has lost executive capacity. 2) The plaintiff asserted that the defendant did not enter the claim of this case in bad faith in the creditor list of the loans of this case, and thus, the evidence submitted by the parties are as follows. ① The national bank changed the loans of this case to the extent of 199, 200, 300, 300, 300, 300, 400.

The plaintiff was assigned in sequence to the plaintiff.

③ Although the record of bankruptcy and exemption requested by the Defendant is not accurately known as to whether the claim of this case was entered in the list of creditors due to the destruction of the records of bankruptcy and exemption, a national bank is included in the list of creditors, and seven creditors including modern Swiss mutual savings banks are included therein.