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1. The Plaintiff’s obligation to the Defendant (principal KRW 6,847,310 and interest thereon KRW 15,323,092) was discharged.
Reasons
1. Facts of recognition;
A. The Plaintiff was granted bankruptcy and immunity by filing a petition for bankruptcy immunity with the Seoul Central District Court No. 2013Hadan12131, 201, and 1211. The foregoing immunity became final and conclusive on May 2, 2014.
B. Meanwhile, on October 24, 2003, the Defendant acquired the claim against the Plaintiff (the original creditor bank, principal 6,947,310 won, interest thereon, delay damages, etc.) from ELD Investment Securities Co., Ltd., and the notice of transfer was sent to the Plaintiff’s domicile around December 18, 2003.
C. On October 21, 2004 and November 23, 2004, the Defendant received 50,000 won each from the Plaintiff, and around March 13, 2007, issued to B a certified judicial scrivener B a certificate of debt concerning the instant claim.
On November 16, 2016, the Plaintiff was issued by the Defendant a debt certificate stating “principal KRW 6,847,310 and interest thereon KRW 15,323,092, etc.” with respect to the instant claim.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-1-2, Eul 2-2 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The instant claim constitutes a bankruptcy claim based on a property claim arising before the declaration of bankruptcy, and barring any special circumstance, the obligor who received immunity is exempted from the responsibility for all obligations owed to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures, and thus, the instant claim was exempted from the liability. As long as the Defendant contests this, the Plaintiff may seek confirmation.
B. The Defendant asserts to the effect that the effect of the above immunity does not extend to the instant claim, since the Plaintiff knew of the existence of the instant claim at the time of applying for bankruptcy immunity and did not enter it in the list of creditors.
On this basis, the Plaintiff, after graduatinged from an elementary school in 1972, was considered to have a large number of damages in funeral services while performing an operation in 201, and did not have good health conditions. Thus, the Plaintiff becomes bankrupt or exempted on December 4, 2013.