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(영문) 인천지방법원 2016.11.23 2016가단20816
면책확인의 소
Text

1. The Plaintiff’s principal amounting to KRW 15,647,859 and interest accrued therefrom are related to KRW 21,514,273.

Reasons

1. Basic facts

A. The Plaintiff was granted immunity on February 18, 2014 by filing bankruptcy and application for immunity with the Incheon District Court Decision 2012Hadan5975, 2012Ma5968, and the decision became final and conclusive on March 11, 2014.

(hereinafter “instant decision to grant immunity”). B.

On the other hand, the defendant filed a lawsuit against the plaintiff on September 10, 2007 with the Incheon District Court 2007Gaso265598, and the above court rendered the plaintiff on September 21, 2007 the decision of performance recommendation under the performance clause that "the plaintiff shall pay to the defendant 17,683,438 won and 15,578,919 won among them at the rate of 18% per annum from September 6, 2007 to the date of full payment."

C. The above decision on performance recommendation was delivered to the Plaintiff on November 10, 2007, and was finalized on November 25, 2007.

However, upon receiving the decision to grant immunity of this case, the Plaintiff did not enter the Defendant in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) considers the Credit Guarantee Fund and the Defendant (In Mancheon Credit Guarantee Foundation) as the same creditor at the time when the Plaintiff filed the above bankruptcy and application for immunity, and did not enter the Defendant in the creditor list, the Plaintiff did not enter the Defendant’s claim in the creditor list in bad faith. Moreover, the Plaintiff stated that the Defendant’s bankruptcy exemption application was filed before the instant immunity exemption was granted. Accordingly, the Defendant’s claim against the Plaintiff was exempted. (2) Although the Plaintiff was aware of the existence of the Defendant’s obligation against the Defendant before the instant immunity exemption was granted, the Plaintiff did not enter it in the creditor list, and thus, the Defendant

(b) Article 566 of the Debtor Rehabilitation and Bankruptcy Act (the debtor who has been granted exemption from the effect of exemption from the liability) related provisions shall be deemed to be a bankruptcy creditor, except the distribution pursuant to the bankruptcy procedures.

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