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(영문) 서울중앙지방법원 2015.10.14 2015가단76866
면책확인
Text

1. The plaintiff's decision of performance recommendation for Daejeon District Court 2006Gaso285715 claim against the defendant 3,569.

Reasons

1. Facts of recognition;

A. On March 23, 1995, the Defendant entered into a contract of installment sales guarantee insurance with the content that guarantees the payment of installments for the Plaintiff’s vehicle purchase (hereinafter “instant insurance contract”) with the Plaintiff as the insured by Korea Automobile Sales Co., Ltd. (hereinafter “Korea Automobile Sales”), with the insurance coverage amount of KRW 4,950,000, and the insurance coverage period from March 23, 1995 to March 22, 1998.

B. When the plaintiff did not pay an installment following the purchase of a vehicle, the defendant paid the insurance money of KRW 3,529,129 to the Korean automobile seller according to the insurance contract of this case on August 31, 1996.

C. On January 24, 2007, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement of Daejeon District Court 2006Gapo285715, and the above court rendered a decision on performance recommendation that "the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) 3,569,738 won and 3,529,129 won with 18% interest per annum from October 1, 1996 to the date of full payment," and the above decision on performance recommendation was delivered to the Plaintiff on January 9, 2007 and confirmed on January 24, 2007.

The Plaintiff filed a petition for bankruptcy and immunity with the Daejeon District Court Decision 2013Hadan2820, 2013Ma2825, and obtained immunity on May 12, 2014. The above decision became final and conclusive around that time. The Defendant’s claim was omitted in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 7, the purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be a bankruptcy claim against any property claim arising prior to the declaration of bankruptcy.” The main text of Article 566 of the same Act provides that “The exempted debtor shall be exempted from all obligations to the bankruptcy creditors except for dividends arising from the bankruptcy procedures.” Thus, the plaintiff shall be exempted from all obligations to the bankruptcy creditors.”

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