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(영문) 서울중앙지방법원 2015.04.08 2014가합35247
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff lent KRW 110 million to the Defendant around December 15, 2008 (hereinafter “instant loan”). Around December 15, 2008, the Plaintiff lent KRW 110 million to the Defendant (hereinafter “instant loan”).

(2) The Defendant was declared bankrupt on December 6, 2012 in Daejeon District Court Decision 2012Hadan2709, 2012Ha2, 2710, and was granted a decision to grant immunity on June 7, 2013, and the said decision became final and conclusive on June 22, 2013.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2

B. A claim on property arising from a cause before the debtor is declared bankrupt, i.e., a bankruptcy claim becomes final and conclusive, and even if it is not entered in the list of creditors at the time of application for immunity pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, barring any special circumstance, the effect of immunity shall be exempted from liability with the effect of immunity, and the ability and executory power of filing a lawsuit with a natural obligation shall be forfeited

According to the above facts, the instant loan claim constitutes a bankruptcy claim and the immunity decision became final and conclusive, barring any special circumstance, barring any special circumstance, the instant lawsuit is unlawful as there is no benefit of protecting the rights.

2. Judgment on the plaintiff's assertion disputing the defendant's exemption from liability

A. The gist of the Plaintiff’s assertion asserts that the Defendant did not exempt the Defendant from liability under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, since the Defendant did not enter the instant loan claims in the creditors’ list in bad faith in the above bankruptcy and exemption case.

B. Facts of recognition 1) The plaintiff is the defendant's external village. The father of the defendant, the non-party D is the defendant's mother, the non-party Eul is the defendant's great punishment, the non-party F is the defendant's second punishment, the non-party G is the plaintiff's leakage and the defendant's mother. 2) The plaintiff, C, G, H, and I jointly invest in the plaintiff, C, H, and I, on January 11, 198, the name of the administrative district after the Gyeonggi-do Ansan-gun K and K was its own forest and field.

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