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(영문) 서울중앙지방법원 2020.12.08 2020가단5189877
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 6, 2002, the Plaintiff, the debtor D, the Plaintiff, the joint and several surety, the loans of which are KRW 10,000,000 (hereinafter “the loan certificate of this case”) was written, and the Plaintiff’s seal is affixed thereon.

A Promissory Notes drawn up on April 4, 2002, consisting of the issuer D, the Plaintiff, the Defendant, and the face value of KRW 10,80,000, and the Plaintiff’s seal affixed thereon.

B. The Defendant filed a lawsuit against the Plaintiff and D on October 15, 2010 with Seoul Central District Court Decision 2010Da519947, and the said court rendered a decision on performance recommendation that “the Plaintiff and D jointly and severally paid the Defendant the amount of KRW 9 million and the damages for delay from October 29, 2002,” which was served on the Plaintiff and D on November 25, 2010, and became final and conclusive as they were.

C. Meanwhile, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court No. 2006Hadan22663, 2006 2412, but did not enter the Defendant’s above claims in the list of creditors.

After being declared bankrupt, the plaintiff was granted immunity on December 11, 2006, and the decision to grant immunity became final and conclusive on December 27, 2006.

[Basis] Evidence Nos. 1 through 5, Evidence Nos. 1 through 3, Part of Evidence No. 6, and the purport of the whole pleadings

2. The assertion and judgment

A. As above, it can be recognized that immunity has become final and conclusive. Accordingly, barring any special circumstance, the Plaintiff’s liability for the above obligation against the Defendant is exempted.

B. As to this, the Defendant asserted to the effect that the Plaintiff did not enter the above claims in bad faith in the course of bankruptcy and application for immunity, the above claims constitute “claims not entered in the creditor registry in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus excluded from the scope of immunity.

Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.

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