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(영문) 서울중앙지방법원 2017.09.13 2016가단5286313
대여금
Text

1. The claim against Defendant B among the instant lawsuit is dismissed.

2. Defendant A Co., Ltd. is KRW 186,771,019 and KRW 186,7719.

Reasons

1. In full view of the overall purport of the pleadings, the facts in the separate sheet No. 1 to 12 can be acknowledged in light of the following facts.

2. As to the Plaintiff’s claim for the payment of the principal and interest of loan of this case before the merits, Defendant B asserted that the Plaintiff’s claim cannot comply with the Plaintiff’s claim on the ground that he obtained immunity from the Seoul Rehabilitation Court Decision 2012Hau3278, 2012, 32

In this regard, the Plaintiff asserted that the instant claim constitutes non-exempt case since Defendant B had failed to enter it in the creditors’ list in bad faith in the bankruptcy and immunity procedure.

According to the evidence evidence Nos. 1-5, the Defendant’s exemption decision on November 25, 2013 can be acknowledged that the above exemption decision became final and conclusive on December 11, 2013 with the Seoul Rehabilitation Court Decision 2012Da3278 decided Nov. 25, 2013, and the fact that the claim of this case was not entered in the list of creditors of the above exemption procedure does not conflict between the parties, but there is no extenuating circumstance to deem that Defendant B filed a report with the Plaintiff’s claim together with the Plaintiff and there is no reason to be an obstacle to the exemption decision. In light of the above, it is insufficient to recognize that Defendant B did not enter the claim of this case in the list of creditors in bad faith only based on each evidence Nos. 1-13.

Therefore, it is reasonable to view that the instant claim against Defendant B lost the right to file a lawsuit and the executory power according to the confirmation of immunity.

3. According to the above findings of the judgment on the merits, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) is obligated to pay the Plaintiff the money stated in paragraph (2) of this Article.

4. The plaintiff's claim against the defendant B, among the lawsuit of this case, is unlawful because there is no benefit in the protection of rights. Thus, the plaintiff's claim against the defendant company is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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