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(영문) 대전지방법원서산지원 2017.07.26 2017가단867
면책확인
Text

1. The Plaintiff’s loans of KRW 11,700,000 to the Defendant on December 20, 2012, and interest and damages for delay.

Reasons

Article 56 of the Debtor Rehabilitation and Bankruptcy Act provides that the Plaintiff shall be liable to grant the full exemption of the Defendant’s obligation to the bankruptcy creditor on December 20, 2016, when the Plaintiff entered into a loan transaction agreement with the Defendant and received KRW 12 million from the Defendant on December 20, 2012. The Plaintiff shall pay KRW 300,000,000 out of the principal of the loan principal and the interest thereon and damages for delay. On October 31, 2016, the Plaintiff shall be declared bankrupt and released from the Daejeon District Court Decision 2016Ha24 and 2016Ha24, 2016. The above immunity became final and conclusive on November 17, 2016. Article 566 of the Act on the Debtor Rehabilitation and Bankruptcy provides that the Plaintiff shall be liable to grant the full exemption of the obligation to the bankruptcy creditor and the damages for delay prior to the exemption of the obligation to the Plaintiff.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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