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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.10.02 2015가합12494
면책확인
Text

1. The Plaintiff’s obligation to pay KRW 845,387,320 to the Defendant and its interest and damages for delay.

Reasons

In fact, the defendant filed a lawsuit against the plaintiff, C, Effal Industries Co., Ltd., and D with Seoul District Court Decision 2001Gahap15786, Jun. 13, 2001 that "the plaintiff shall jointly and severally with C, Effal Industries Co., Ltd., and 25% per annum from March 3, 1998 to the date of complete payment, and the amount at the rate of 11,00,000,000 per annum from September 24, 1998 to June 13, 201, and 25% per annum from September 24, 2001 to June 13, 2001. The judgment became final and conclusive as it is.

On November 9, 2006, the Plaintiff was declared bankrupt on July 3, 2007 and was granted immunity on August 31, 2007 by Suwon District Court 2006Hadan11284, 2006, the Plaintiff filed an application for immunity from bankruptcy and immunity under 1282.

At the time, the list of creditors was written by the Korea Technology Credit Guarantee Fund, the Credit Guarantee Fund, and E, but the defendant was omitted from the list.

On June 27, 2011, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claim based on the aforementioned loan confirmation judgment as the Suwon District Court Branch Branch 2011TTTT 11282, and received a seizure and collection order on July 8, 201.

【In a case where a decision to grant a discharge to an obligor as to the cause of the claim as stated in the evidence Nos. 1-1, 2, 3, 2, and 3 becomes final and conclusive, the obligor is exempted from all obligations to the bankruptcy creditors (Articles 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, according to the above facts established, barring any special circumstance, barring any special circumstance, it shall be deemed that the Defendant’s exemption from the obligation to the Plaintiff as to the loan claim as stated in the Disposition No. 1 of the above final and conclusive judgment against the Plaintiff is exempted.

The defendant's assertion was rejected by the plaintiff in bad faith in the list of creditors, and thus, Article 566 of the above Act.

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