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(영문) 대전지방법원홍성지원 2015.09.09 2015가단5934
면책 확인
Text

1. The principal based on the payment order order of 2006Gau77812, Namyang-si District Court for the plaintiff's defendant 12.

Reasons

1. Under the service by public notice procedure, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of the loan with the Jung-gu District Court Decision 2006Gau77812, and the above court rendered a judgment on February 8, 2007 that “the Plaintiff shall pay to the Defendant the amount of KRW 12,00,000 and the amount calculated by the rate of KRW 20% per annum from January 6, 2007 to the date of full payment,” and the judgment became final and conclusive as it is.

(A) The Plaintiff filed a claim against the Plaintiff based on the above judgment (hereinafter “instant claim”). The Plaintiff was granted immunity on March 16, 2012 by filing a bankruptcy and application for immunity with the Seoul Central District Court Decision 2010,1738,2010Hadan1738.

At the time, the Plaintiff entered KRW 1,232,58,782 in the list of creditors, but omitted the instant claim in the list of creditors.

On November 21, 2014, the Defendant, based on the instant claim, filed an application with the Plaintiff for a ruling of acceptance on November 25, 2014 by the District Court 2014TTT 23322, and filed an application for the seizure and collection order against the Plaintiff, and the said ruling was served on the Plaintiff on January 13, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1 (including each number in case of additional number), the purport of the whole pleadings

2. Where a decision to grant immunity to a debtor on the ground of the plaintiff's claim becomes final and conclusive, the debtor is exempted from the responsibility for all obligations to the bankruptcy creditor (Articles 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act). Thus, according to the above facts acknowledged, the decision to grant immunity becomes final and conclusive, barring any special circumstance, and the plaintiff's responsibility concerning the claim in this

3. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff had omitted the claim of this case in the creditor list in bad faith, and thus, the defendant's liability is not exempted pursuant to the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act.

B. As seen earlier, the Defendant’s assertion against the Plaintiff.

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