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(영문) 수원지방법원성남지원 2019.04.23 2018가단231542
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 76,88,748 and KRW 5,450,735 from August 11, 2007 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff acquired each of the claims against the Defendant in B(State), C(State), D(State), and E(State) with the following content:

B. The Plaintiff notified the Defendant of the assignment of the above assignment of claims with the following content:

B CD E

C. The Plaintiff filed a lawsuit against the Defendant on the claim for the transfer money (hereinafter “each claim of this case”) and obtained a favorable judgment as stated in the order (see, e.g., Supreme Court Decision 2007Da45029, Apr. 10, 2008), and the above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. The Defendant alleged that the Defendant cannot respond to the Plaintiff’s claim since he was declared bankrupt and exempted from liability, and thus, considering the overall purport of the pleadings as to the evidence Nos. 7 and 9, the Defendant filed a petition for bankruptcy on April 24, 2009 and was declared bankrupt on March 29, 201 by the Suwon District Court (2009Hadan4337), and the exemption from liability on June 7, 2010 (2009do4337) is recognized.

However, the Plaintiff asserted to the effect that each of the obligations of this case is not effective since the Plaintiff knew the existence of each of the obligations of this case against the Plaintiff when the Defendant applied for bankruptcy and exemption, but did not enter it in the creditor list in bad faith.

The term “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act means a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, if the debtor was unaware of the existence of an obligation, he did not know it.

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