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(영문) 수원지방법원안양지원 2015.06.18 2015가단3349
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 28, 201, an order for payment was issued to the Plaintiff to the effect that “the Plaintiff shall pay the Plaintiff 2,983,084 won, and 1,006,541 won, calculated at the rate of 25% per annum, from June 15, 2011, to the date of full payment” (hereinafter “instant order for payment”), and the instant order for payment was finalized on July 29, 201, when it became final and conclusive on July 29, 2011.

(hereinafter “instant claim”). B. Claim on the instant payment order (hereinafter “instant claim”).

The Plaintiff filed bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with Seoul Central District Court No. 2014Hadan1668, 2014, and 1668, and omitted the entry of the instant claim in the list of creditors submitted at the time of the bankruptcy and application for immunity.

On April 25, 2014, the above court declared bankruptcy against the plaintiff. On August 25, 2014, the court decided to grant immunity, and the above decision to grant immunity was finalized on September 12, 2014.

C. On December 9, 2014, ASEAN Co., Ltd. transferred the instant claim to the Defendant, and notified the Plaintiff of the transfer of claim on January 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that, at the time of the bankruptcy and application for immunity of this case, the plaintiff did not know the existence of the claim of this case and omitted in the list of creditors, but did not reach a bad faith, and thus, the claim of this case was also exempted by the decision of permission of immunity of this case.

In regard to this, the defendant constitutes "a claim which is not entered in the list of creditors in bad faith" as provided by Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, and therefore, the above claim does not have the effect of immunity.

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