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(영문) 창원지방법원마산지원 2017.06.28 2017가단1809
면책확인
Text

1. The defendant's Changwon District Court Decision 2007Gauri1866 decided May 2, 2007 is based on the defendant's decision against the plaintiff.

Reasons

1. Facts of recognition;

A. On May 2, 2007, the loans rendered by the bankruptcy trustee of Changwon District Court 2007Gau1866 against the Plaintiff by the bankrupt Korea Deposit Insurance Corporation, the above court ordered the Plaintiff to pay the above amount of KRW 1,864,142 and damages for delay at the rate of KRW 54.75% per annum from June 12, 2002 to the date of full payment, and the above judgment became final and conclusive around that time.

(hereinafter “instant loan claim” and “instant judgment”). B.

On September 1, 2016, the Plaintiff received a decision to grant immunity (hereinafter “instant decision to grant immunity”) under the Changwon District Court 2016Hun-Ba973 (Declaration of Bankruptcy 2016Hadan973). The said decision was finalized on September 20, 2016.

C. As above, the list of creditors submitted by the Plaintiff while applying for immunity did not indicate the instant loan claims.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 7 and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has received immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim is exempted from its liability with respect to the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). According to the above facts, according to the above facts, the loans of this case are not listed in the list of creditors, but are not listed in the list of creditors:

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