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(영문) 서울중앙지방법원 2015.10.14 2015가단103416
면책확인
Text

1. Ascertainment that the Plaintiff’s debt to the Defendant KRW 4,541,823 has been discharged.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On January 28, 2003, the Plaintiff received a loan from the Korea Savings Bank Co., Ltd. in the form of a comprehensive loan (Account Number: B). On July 31, 2014, the balance of the loan as of July 31, 2014 reaches KRW 4,541,823 (hereinafter “the obligation of the instant loan”) and the Defendant is the bankruptcy debtor.

B. The plaintiff applied for bankruptcy and exemption as Seoul Central District Court Decision 2007Hadan38591 and 2007Ma38613 and applied for exemption from immunity on January 23, 2008. The above decision is the same year.

2. 10. A final and conclusive date.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the Plaintiff is exempt from the responsibility for the instant loan obligations unless there are special circumstances.

In regard to this, the defendant asserts that since the plaintiff did not enter the debt of the loan of this case in the creditor list in bad faith at the time when the plaintiff applied for bankruptcy and exemption from liability, the liability for the debt of this case is not exempted. Thus, the plaintiff's failure to enter the debt of this case in the creditor list at the time when the plaintiff applied for bankruptcy and exemption from liability does not conflict between the parties, or it can be acknowledged in accordance with the purport of Gap's evidence and the whole pleadings. However, there is no clear evidence to support that the plaintiff knew the existence of the debt of this case at the time when the above bankruptcy and exemption from liability is applied for.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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