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(영문) 서울중앙지방법원 2020.11.04 2020가단5234098
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 15, 2010, the Plaintiff received a loan of KRW 20,000,000 from the Mutual Association, and the Defendant concluded a credit guarantee agreement with the amount guaranteed as to the above loan obligation of KRW 17,000,000.

B. Around February 2013, the Plaintiff began to pay the above loans, and the Defendant subrogated 12,359,000 won out of the above loans on August 2, 2013.

The Defendant filed a lawsuit against the Plaintiff seeking reimbursement of the amount of subrogated money by this Court No. 2016 Ghana5298303, and the said lawsuit was concluded by service by public notice due to the addressee’s unknown decision on performance recommendation, etc.

C. On November 27, 2018, the Plaintiff filed an application for immunity and immunity with the District Court for bankruptcy and exemption under 2018Hadan20975 and 2018, which became final and conclusive around that time. The Plaintiff’s decision became final and conclusive around that time.

However, the list of creditors submitted by the Plaintiff in the above bankruptcy procedure did not state the above-mentioned liability for reimbursement (hereinafter “instant liability”) that the Plaintiff assumed against the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, 2, and 4, the purport of the whole pleadings

2. Determination:

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim (hereinafter “Rehabilitation Act”), the obligor, who has been exempted, shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of the obligation to the bankruptcy creditor, except dividends under the bankruptcy procedure

Therefore, the instant debt constitutes a bankruptcy claim, which occurred before the Plaintiff’s declaration of bankruptcy, and constitutes a bankruptcy claim, and barring special circumstances, the Plaintiff’s debt against the Defendant was exempted from liability.

B. The Defendant’s assertion is that the Plaintiff did not enter the instant obligation in the list of creditors in bad faith, and the said obligation is stipulated in Article 566 subparag. 7 of the Debtor Rehabilitation Act.

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