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(영문) 서울중앙지방법원 2015.12.16 2015가단143209
면책확인
Text

1. 1,281,00 won and its amount claimed by the Plaintiff’s collection notice against the Defendant.

Reasons

1. Basic facts

A. On May 27, 2005, Japan Bank lent money to the Plaintiff on the ground that the Defendant acquired the principal and interest of the loan, and the Defendant acquired the principal and interest of the loan, and the Defendant has a total of KRW 11,281,000, including the principal and interest amount of KRW 3,072,000 as of June 16, 2015 (hereinafter “instant obligation”).

B. Meanwhile, the Plaintiff applied for bankruptcy and exemption as Seoul Central District Court Decision 2012Hadan1409 and 2012 Ma11409 and was granted immunity on April 19, 2013, and the said decision is the same year.

5. 8. Finality has been made.

However, under the purport of the claim, the debt of this case against the defendant is omitted from the claim list of the above immunity decision.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, 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 obligation unless there are special circumstances.

In regard to this, the defendant alleged that the plaintiff did not enter the debt of this case in the list of creditors in bad faith at the time when the plaintiff applied for bankruptcy and exemption from liability, and that the liability of this case is not exempted. Thus, the plaintiff did not enter the debt of this case in the list of creditors at the time when the plaintiff applied for bankruptcy and exemption from liability as seen above. However, there is no evidence to acknowledge that the plaintiff did not enter it in the list of creditors with bad faith despite being aware of the existence of the debt of this case at the time of applying for bankruptcy and exemption from liability.

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

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