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1. The Plaintiff’s loan principal amounted to KRW 2,862,795 and interest on the loan to Kwikset Co., Ltd.
Reasons
1. Facts of recognition;
A. On April 6, 2012, Defendant Korea Asset Loans Co., Ltd. concluded a general loan agreement with the Plaintiff, and lent KRW 4,854,853 to the Plaintiff.
B. On April 24, 2012, the Asian Savings Bank loaned KRW 2,862,795 to the Plaintiff. On August 30, 2013, according to an asset acquisition agreement, it transferred all claims against the Plaintiff including KRW 2,862,795 of the loan principal, interest thereon, delay damages, etc. to the Defendant Kwikset Loan Co., Ltd., and notified the Plaintiff of the fact of transferring the claim by way of content-certified mail on December 30, 2015.
C. After having been declared bankrupt by Suwon District Court Decision 2013Hadan7874, the Plaintiff was decided to grant immunity on February 13, 2015 in Suwon District Court 2013Ma7874 and became final and conclusive around that time. At the time, at the time, the Plaintiff omitted each of the loans extended by the ASEAN Savings Bank and the Defendant Korea Deposit Insurance Corporation on the list of creditors submitted by the Plaintiff.
[Reasons] Defendant Kwikset Loan Co., Ltd.: The fact that there is no dispute, the entry of Gap evidence Nos. 1 and 2 (including the number, if any), the purport of the whole pleadings, and the purport of the whole pleadings, Defendant Kwikset Credit Loan Co., Ltd.: Confession (Article 150
2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a property claim arising from a cause prior to the declaration of bankruptcy against a debtor is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from all liabilities to a bankruptcy creditor except dividends arising from the bankruptcy procedure. As seen earlier, the Defendants’ claims are bankruptcy claims arising from the cause prior to the declaration of bankruptcy against the plaintiff, and the decision of permission of discharge against the plaintiff became final and conclusive, barring any special circumstance, the plaintiff is exempted from liability
As to this, the defendant Kwikset Loan Co., Ltd. is maliciously owned by the plaintiff.