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(영문) 광주지방법원 2014.12.16 2014가단37984
면책확인의 소
Text

1. The Plaintiff’s decision of performance recommendation as of January 4, 201 of the Incheon District Court case No. 2010 Ghana289723 against the Defendant was based on the Incheon District Court’s decision of performance recommendation.

Reasons

1. Basic facts

A. On November 14, 2002, the Plaintiff entered into a comprehensive passbook loan agreement (Free Quk loan agreement with a new mutual savings bank (hereinafter “new mutual savings bank”), setting the loan limit of KRW 7 million and interest rate of KRW 21.5% per annum, etc., with joint and several sureties B as joint and several sureties.

(B) The Plaintiff’s above loan obligations (hereinafter “instant loan obligations”)

The Plaintiff was declared bankrupt on December 26, 2006 and was granted immunity on February 26, 2007 (hereinafter “instant immunity exemption”). The instant exemption exemption became final and conclusive on March 13, 2007, when it became final and conclusive on March 13, 2007.

C. The list of creditors submitted by the Plaintiff during the exemption procedure is omitted.

On November 11, 2010, a new mutual savings bank filed a lawsuit against the Plaintiff and B seeking the repayment of the instant debt with the Incheon District Court 2010 Ghana289723, and on November 16, 2010, the said court issued a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to the effect that “the Defendant (the Plaintiff and B) jointly and severally paid to the Plaintiff (new mutual savings bank) 9,744,343 won and 7,000,000 won, calculated at the rate of 20% per annum from the day following the delivery of the complaint of this case to the day of full payment” (hereinafter “decision on performance recommendation of this case”) and confirmed as is against the Plaintiff on January 4, 2011.

E. The latter mutual savings bank: (a) around March 201, 201, the Kao Asset Management Loan Co., Ltd. was transferred to the Kao Asset Management Loan Co., Ltd.; (b) around June 201, the Kao Asset Management Loan Co., Ltd. was extended to the Kao Asset Management Loan Co., Ltd.; (c) around April 2013, 201, the Kaol Asset Management Loan Co., Ltd. was a shower Loan Co., Ltd.; (d) around March 2014, the shower Loan Co., Ltd. transferred each of the claims based on the decision of performance recommendation

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