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(영문) 인천지방법원 2016.11.03 2016가단2917
면책확인의 소
Text

1. The Defendant’s repayment of loans to the Plaintiff by the Incheon District Court on April 11, 2014.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of KRW 2003da18649,000,000 and damages for delay calculated at the rate of KRW 1.4 million per month from November 25, 2002 to the date of full payment. The judgment in favor of the Plaintiff became final and conclusive. In order to suspend the statute of limitations of the above final and conclusive judgment, the Defendant filed a lawsuit for the loan claim with the Incheon District Court Decision 2013da16434, April 11, 2014, and received a favorable judgment and became final and conclusive around that time.

B. The Plaintiff filed an application for individual bankruptcy and exemption under the Incheon District Court Decision 201Hadan4122, 201Ma4122, and 411Ma4123 in the state that the obligation against the Defendant based on the above final judgment was omitted in the creditor list. On November 30, 2011, upon receiving a ruling of bankruptcy from the above court, and upon receiving a decision of immunity on May 15, 201, the said decision of immunity became final and conclusive on May 30, 2012.

C. On June 30, 2016, the Plaintiff and the Defendant agreed to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 2 million in the passbook and KRW 300,000 per month from July 30, 2016 to the last day of each month on the condition that the Plaintiff’s survival is the Plaintiff’s survival.”

[Ground for Recognition: Facts without dispute, Gap 1 through 4 (including each number, if any); hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

2. Determination, even if the Defendant’s claim against the Plaintiff was omitted on the list of creditors submitted by the Plaintiff during the above exemption procedure due to the omission of the Plaintiff’s claim against the Plaintiff, and thus, the effect of the decision of immunity of this case extends, the Plaintiff and the Defendant, after the decision of immunity, may agree to determine the content and enforcement of the above claim, and barring any special circumstance, the Plaintiff is 30 million won and 300 million won a month on the last day of each month on the condition of the Plaintiff’s survival, according to the agreement on the final judgment of this case, barring any special circumstance.

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