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(영문) 서울서부지방법원 2016.06.15 2016가단5514
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Text

1. The bankruptcy trustee of the Korea Deposit Insurance Corporation under the Korea Mutual Savings and Finance Company for the bankrupt.

Reasons

1. Determination as to the cause of claim

A. 1) On November 26, 2001, the Plaintiff received a loan by setting the loan limit of 2 million won and interest rate of 54% from the Daeyang Mutual Savings and Finance Company (comprehensive passbook loan), and from the date of payment, the Plaintiff lost the benefit of time by delaying the repayment thereof. Meanwhile, as the Korea Deposit Insurance Corporation becomes bankrupt, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy. 2) On April 10, 2007, the Korea Deposit Insurance Corporation of the Daeyang Mutual Savings and Finance Company of the bankrupt Corporation filed a lawsuit against the Plaintiff seeking the payment of the loan as the Suwon District Court 2007Ga22187. The above court decided on April 10, 2007 that "the Plaintiff shall be 8,579,150 won and 2,297,762 won among them shall be 2,762 won from January 13, 2007 to the date of repayment."

After that, the above loan claims against the plaintiff were transferred before the transfer and the defendant became the final transferee.

(3) On the other hand, the Plaintiff was declared bankrupt by Jeonju District Court 201Hadan2368, and the decision to grant immunity was made on August 27, 2012 by the Incheon District Court 201Ha2368, and the above decision to grant immunity became final and conclusive on September 13, 2012. [Grounds for Recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 3 through 6 (each entry, including provisional number, the purport of the whole pleadings, and the purport of the whole pleadings.

B. 1) The claim on the property against the debtor arising prior to the declaration of bankruptcy is a bankruptcy claim (Article 423 of the Debtor Rehabilitation and Bankruptcy Act), and the debtor who has been exempted from the liability is exempted from all obligations to the bankruptcy creditor except for the distribution under the bankruptcy procedure (main sentence of Article 566 of the same Act). In light of the above legal provisions, the defendant's claim on the property of this case is viewed as having been acknowledged in advance.

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