(영문) 울산지방법원 2018.02.27 2017가단69092

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(영문) 울산지방법원 2018.02.27 2017가단69092

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Text

1. On April 29, 2005, the Defendant paid a loan to the Plaintiff bank on behalf of the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 9, 2007, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement amount under Busan District Court Decision 2006Gau548699, and was sentenced to the judgment that “the Plaintiff shall pay to the Defendant 4,121,547 won and interest thereon at the rate of 19% per annum from April 29, 2005 to the date of full payment,” and the above judgment became final and conclusive around that time.

(hereinafter “instant judgment claim”). B.

On August 8, 2016, the Plaintiff filed an application for bankruptcy and exemption with the Suwon District Court for adjudication of bankruptcy (2016Haak3770) on November 16, 2016, and was granted immunity on January 23, 2017 (hereinafter “decision on exemption”). The decision on exemption of immunity of this case became final and conclusive around that time.

However, while the Plaintiff filed a petition for bankruptcy, the Defendant and the instant judgment were omitted in the list of creditors attached thereto.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 2, and the purport of the whole pleading

2. Determination

A. According to the above facts of recognition, barring any special circumstance, the claim of this case was exempted from the immunity decision of this case.

B. The defendant asserts to the effect that the defendant regularly sent a demand note to the plaintiff from around 2005 to 2017, and the plaintiff was aware of this fact, but omitted from the creditor list.

In light of the following facts: (a) the statement in the evidence No. 3 alone, it is insufficient to recognize that the Defendant had lawfully urged the Plaintiff to repay the obligation before bankruptcy or exemption; (b) there is no other evidence to acknowledge it; and (c) rather, it is possible to find out by the aforementioned evidence that the Plaintiff stated KRW 29,059,904 of the remaining principal of the claim in the creditor list at the time of filing a petition for bankruptcy; (d) it is difficult to find the reason why the Defendant had omitted the Defendant’s claim; and (e) the time when the Plaintiff filed a petition for bankruptcy or exemption on behalf of the Defendant; and (e) the time when the Plaintiff filed

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