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(영문) 서울동부지방법원 2016.06.28 2015가단47175
면책확인
Text

1. Ascertainment that the Plaintiff’s principal amounting to the Defendant KRW 9,649,90 and interest thereon, etc. have been discharged.

2...

Reasons

1. Basic facts

A. On April 26, 2004, when the Plaintiff’s husband B obtained a loan from the Defendant, the Plaintiff’s joint and several sureties up to the limit of KRW 13 million (hereinafter “joint and several sureties”).

B. On July 16, 2007, the Plaintiff filed a bankruptcy and an application for immunity (hereinafter “instant application for immunity”) with the Seoul Central District Court Decision 2007Hadan30188 and 2007Ma30206 (hereinafter “instant application for immunity”) and the decision to grant immunity on November 27, 2007 became final and conclusive upon receiving each decision to grant immunity on February 1, 2008 (hereinafter “instant decision to grant immunity”).

However, at the time of the bankruptcy and application for immunity, the Plaintiff did not enter the obligations arising from the joint and several sureties in the bond list.

C. Meanwhile, the Defendant filed a request against the Plaintiff and B for a payment order claiming that the Plaintiff and B jointly perform a loan obligation with the Seoul Eastern District Court 2007 tea6073, and the said court rendered a payment order on June 27, 2007 (hereinafter “instant payment order order”) (hereinafter “instant payment order order order”), which was served on the Plaintiff and B on July 23, 2007, and became final and conclusive on August 7, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserts to the effect that the Plaintiff’s joint and several liability obligations against the Defendant, a bankruptcy claim by the decision on immunity of this case, were exempted, and that this does not constitute non-exempt claims, since the Plaintiff was not maliciously omitted.

In full view of the following circumstances recognized as above, namely, the Plaintiff was a joint and several surety obligor who guaranteed the husband B’s loan obligations, not directly loaned by the Defendant, and the Plaintiff served the instant payment order order after the Plaintiff filed the bankruptcy and application for immunity, and the recipient was a minor at the time of the Plaintiff’s bankruptcy and application for immunity. In full view of the above circumstances, the Plaintiff at the time of the Plaintiff’s bankruptcy and application for immunity.

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