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(영문) 서울중앙지방법원 2016.04.25 2015가단5189651 (1)
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 25, 2000, the Plaintiff was jointly and severally and severally and severally liable for a loan of KRW 50 million from the Hanmon Savings Bank Co., Ltd. (hereinafter referred to as one of the following), and thereafter, he acquired the joint and severally and severally guaranteed claim (hereinafter referred to as the “joint and severally guaranteed claim”) against the Plaintiff by Solomon Savings Bank (hereinafter referred to as the “ Solomon Savings Bank”) from one bank.

The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the defendant (Korea Deposit Insurance Corporation) was appointed as the trustee in bankruptcy.

On March 5, 2015, the Plaintiff applied for debt settlement with the purport that, until March 5, 2015, the total amount of the instant joint and several liability obligations is KRW 71,353,56 (i.e., KRW 26,714,386, interest at KRW 44,616,683, and KRW 22,500,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

However, at the time of the application for debt settlement of this case, the Plaintiff directly prepared a statement of debt exemption under the condition of rescission (hereinafter referred to as “written rejection of this case’s rescission”) stating that “if assets are additionally discovered in addition to the assets already discovered as of the time of debt exemption and the act of transferring property rights to a third party is discovered with knowledge that it would prejudice the creditors among the previous properties, the amount of exemption shall not be recovered in full, even if it is.”

On the other hand, the Plaintiff’s wife D on February 10, 2015, prior to the application for debt settlement of this case.

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