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(영문) 울산지방법원 2018.08.10 2018가단2911
청구이의
Text

1. Certificate No. 568, 2008 drawn up by the Defendant’s notary public against the Plaintiff on September 4, 2008.

Reasons

1. Basic facts

A. On September 4, 2008, the Defendant drafted a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) with the content that a notary public shall lend 15 million won to the Plaintiff on a yearly interest rate of 48% and December 4, 2008 (hereinafter “instant notarial deed”) by the Defendant as a notary public No. 568, 2008.

B. The Plaintiff filed an application for bankruptcy and exemption from liability with the Daegu District Court Decision 2009Hadan9530, 2009Da9530, and was granted a decision to grant immunity on December 21, 2010 from the above court (hereinafter “instant decision to grant immunity”).

The decision on immunity of this case became final and conclusive on January 5, 2011.

However, the Plaintiff did not enter the claim based on the Notarial Deed with the Defendant in the list of creditors submitted at the time of the said application.

[Reasons for Recognition] Evidence No. 1, Evidence No. 3-1, and 2-2, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, the Defendant’s claim based on the Notarial Deed of this case against the Plaintiff constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act, which is a property claim arising due to a cause arising prior to the declaration of bankruptcy, and a decision to grant immunity against the Plaintiff becomes final and conclusive, and thus, the Plaintiff’s liability against the Plaintiff is exempted pursuant to Article 566 of the above Act, barring any special circumstance, compulsory execution based on the Defendant’

B. The defendant asserts that, at the time of the plaintiff's application for bankruptcy and exemption, the liability for the above claim shall not be exempted since the claim under the Notarial Deed was not entered in the creditors' list in bad faith.

In principle, an obligor who has been exempted from liability pursuant to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is exempt from all liability to any bankruptcy creditor, and a obligee who asserts that he/she is a non-exempt claim is the obligor's bad faith.

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