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(영문) 서울중앙지방법원 2016.09.09 2016가단38847
면책확인
Text

1. The Plaintiff’s principal of the loan to the Defendant is KRW 62,743,645 and interest thereon and damages for delay.

Reasons

1. Facts of recognition;

A. On June 17, 2004, the Defendant loaned KRW 300 million to B Co., Ltd. (hereinafter “B”) on June 16, 2005 by setting the expiration date as June 16, 2005, and the Plaintiff jointly and severally guaranteed the above loan obligations under B on June 14, 2006.

Since then, the expiration date of the credit period was extended on a yearly basis, and on June 13, 201, the expiration date of the credit period was extended on June 15, 2012, but the benefit of October 5, 201 was lost.

B. On December 22, 2011, the Credit Guarantee Fund, which provided credit guarantee agreements, subrogated to the Defendant for KRW 246,08,580 of the above principal and interest of loans, but still remains 111,315,926 of the principal and interest of loans as of April 11, 2016, and among them, the loan principal is 62,743,645 won.

(hereinafter “instant claim”). C.

The Plaintiff was granted immunity from the above court on June 16, 2014. At the time, the claim of this case was omitted in the list of creditors at the time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 2 through 10 (including each number), the purport of the whole pleadings

2. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim on property arising from a cause that occurred before the debtor is declared bankrupt 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 obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures. As seen earlier, the claim in this case was a bankruptcy claim that occurred before the bankruptcy is declared against the plaintiff, and as such, the decision to permit the discharge of the claim in this case became final and conclusive, barring any special circumstance, the plaintiff's liability for the repayment of the claim in this case was exempted,

B. As to this, the Defendant knows that the instant claim exists at the time when the Plaintiff applied for bankruptcy or exemption.

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