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(영문) 수원지방법원 2018.04.26 2018가단3744
면책확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 3, 2006, Hyundai Financial Consulting Co., Ltd. (hereinafter “Modern Financial Consulting Co., Ltd.”) lent KRW 58.5 million to Plaintiff A at interest rate of 36% per annum (hereinafter “instant loan”). At the time, Plaintiff B provided joint and several guarantee for the said loan obligations.

B. On April 20, 2010, Plaintiff A filed an application for individual bankruptcy and exemption with Suwon District Court 2010Hadan3469 and 2010Ma3469, and filed an application for the decision of adjudication of bankruptcy on November 4, 2010, and the decision of immunity on January 18, 201, and Plaintiff B filed an application for individual bankruptcy and exemption on April 20, 201 with the Suwon District Court 201Hadan2889, and Plaintiff B filed an application for adjudication of bankruptcy and exemption on November 16, 2010, and the decision of immunity on February 11, 201 was omitted from the list of creditors at the time.

C. On June 3, 2015, Hyundai Finance transferred the above loan claims to the Defendant, and at that time notified the Plaintiffs of the assignment of claims.

The Plaintiff claimed against the Defendants for the payment of the instant loan as Suwon District Court 2017Gahap21209, and was sentenced on October 31, 2017 to the effect that “the Defendants jointly and severally pay to the Plaintiff KRW 288,000,000 and delay damages therefor,” and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. The plaintiffs asserted that compulsory execution based on the above final and conclusive judgment is unfair, and the plaintiffs asserted that compulsory execution based on the above final and conclusive judgment is sought to confirm the exemption of the loan claim in this case, inasmuch as they did not omit the loan claim in this case in bad faith in the creditor list in the process of obtaining exemption from immunity.

B. (1) If a lawsuit seeking confirmation is lawful, there is a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is currently infinite in the Plaintiff’s rights or legal status.

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