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(영문) 창원지방법원진주지원 2019.04.05 2018가단6217
면책확인
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant DDR is dismissed.

3...

Reasons

1. Basic facts

A. Each of the Defendants’ respective loans (1) Defendant B’s respective loans (hereinafter “Defendant B”) loans to the Plaintiff, and KRW 20,063,818 of the loans were extended on May 20, 201 to the Plaintiff, and KRW 30,063,818 of the loans were remaining. ② The loans were extended on May 27, 2011 to KRW 20,000,000 (general loans, and the maturity date was May 27, 2014).

(2) Each of the above loans (hereinafter referred to as “instant loans”) extended KRW 6,170,557 to the Plaintiff on August 16, 2012, and extended KRW 6,170,557 (special bonds) to the Plaintiff, and KRW 26,325,710 (special bonds) on May 16, 201, and the loans remain as they are.

(hereinafter referred to as “instant 3 and 4 loans” respectively. B.

Defendant B’s executive title applied for a payment order against the Plaintiff for the instant loans Nos. 1 and 2 (Seoul District Court 2013j229, Jinwon District Court 2013). On September 12, 2013, Defendant B issued a payment order ordering the Plaintiff to pay “total amount of each of the above loans KRW 52,925,197 and any of its principal damages for delay,” and the said payment order became final and conclusive on October 8, 2013.

(hereinafter “instant payment order”). C.

On March 17, 2014, the Plaintiff filed an application for bankruptcy and immunity with the Changwon District Court (2014Hadan431, 2014da 431, 434) on July 22, 2014, the Plaintiff was declared bankrupt on July 22, 2014, and the decision to grant immunity on December 29, 2014, and the decision to grant immunity became final and conclusive on January 13, 2015.

(hereinafter “instant immunity”). At the time, each of the instant loans was not indicated in the list of creditors (hereinafter “instant list of creditors”) submitted by the Plaintiff to the said court.

On May 4, 2017, F of the auction procedure related to the Plaintiff and G applied for a voluntary auction against the real estate owned by G (J). Defendant B as a mortgagee, and Defendant D as a provisional attachment creditor.

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