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(영문) 수원지방법원평택지원 2017.05.30 2017가단785
면책확인
Text

1. The Plaintiff’s repayment of loans to the Defendant 2007Gadan21981 is based on the judgment of the Suwon District Court on the Defendant.

Reasons

1. Facts of recognition;

A. On February 15, 2008, the Defendant filed a lawsuit against the Plaintiff with Suwon District Court KRW 2007Gadan21981, and received the judgment of February 15, 2008 that “the Defendant shall jointly and severally with the Plaintiff KRW 49,215,548 and the amount calculated by the rate of 22% per annum from August 21, 1998 to the date of full payment”, and the above judgment became final and conclusive around that time.

B. On April 10, 2014, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Central District Court No. 2014Hadan3705, 2014Ma3705, and was declared bankrupt on June 30, 2014, and was granted a decision to grant immunity on November 21, 2014, and the said decision to grant immunity became final and conclusive on December 6, 2014.

C. At the time of filing an application for bankruptcy and exemption, the Plaintiff entered only the obligation to the Korea Guarantee Insurance Corporation (SC Bank) incurred on October 4, 1996 to the Korea Asset Management Corporation (SC Bank) (1,476,513 won of the outstanding principal, 4,289,89,894 loss), the obligation to the Korea Asset Management Corporation (Credit Guarantee Fund) incurred on December 26, 1997 (114,105,031 won of the remaining principal, 261,717,048 won of the remaining interest, and the obligation to the Korea Guarantee Insurance Corporation (SC Bank) incurred on February 13, 1999 (2,921,354 won of the remaining principal, 12,109,696 won of the remaining interest delay) and did not state the obligation against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. As seen earlier, the Plaintiff’s judgment on the cause of the claim was issued with the Seoul Central District Court No. 2014Hadan3705, 2014Ma3705, and the decision of immunity for bankruptcy and immunity was granted. Therefore, the Plaintiff’s obligation based on the final and conclusive judgment No. 2007Gadan21981 against the Defendant was exempted by the said decision of immunity.

As to this, the defendant argued to the effect that, although the plaintiff knew of the existence of the obligation based on the above final judgment at the time of the above application for bankruptcy and exemption, the obligation based on the above final judgment was omitted in the list of creditors in bad faith, but the obligation based on the above final judgment is excluded from the subject of exemption. However, evidence, Gap's evidence

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