logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.26 2015가단36967
면책확인
Text

1. The plaintiff's interest of KRW 1,998,997 based on the monetary loan contract of March 18, 2002 against the defendant and interest thereon.

Reasons

1. Facts of recognition;

A. On March 18, 2002, the Plaintiff borrowed 2 million won at the interest rate of 38% per annum and 50% per annum from the Japanese Savings Bank (hereinafter “ Japanese Savings Bank”).

The principal and interest of the loan was paid intermittently, and the amount of KRW 142,600 on June 26, 2005 was not paid further after being appropriated to the principal and interest of the loan.

The principal and interest of loans remaining at the time of June 26, 2005 were KRW 1,998,997.

B. The Plaintiff was granted immunity on December 15, 2009 by filing a bankruptcy and immunity application with the Daegu District Court 2009Hadan193, 2009Hadan193, 193, and the said immunity became final and conclusive on December 30, 2009.

However, the list of creditors submitted by the plaintiff in the above immunity procedure is against the Plaintiff's Japanese Savings Bank.

The obligation of the loans specified in the subsection (hereinafter referred to as “instant obligation”) was discharged.

C. The Japanese Savings Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap96, and the Defendant was appointed as the trustee in bankruptcy on the same day.

[Ground of recognition] Evidence Nos. 1, 2, Eul evidence Nos. 1, 2, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserted that the plaintiff did not know the existence of the debt of this case and did not enter it in the creditor list, and therefore, the effect of the immunity of this case extends to the debt of this case. On this point, the defendant asserts that the effect of the immunity of this case does not extend to the debt of this case since the plaintiff knew the existence of the debt of this case and did not enter it in the creditor list.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “The debtor has not been entered in the list of creditors in bad faith” refers to the case where the debtor knows the existence of an obligation against the bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, the debtor did not know the existence of an obligation.

arrow