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(영문) 대구지방법원 김천지원 2018.06.07 2018가단868
면책확인
Text

1. On April 7, 2017, the Daegu District Court, Kimcheon-si, Seoul Special Metropolitan City Court, 2017, the Defendant’s 2017 tea1388.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant on January 5, 2016 and April 7, 2016, and the Defendant issued a credit guarantee certificate to the Plaintiff.

The Plaintiff was granted a loan from the Securities Savings Bank Co., Ltd. (hereinafter “Stock Savings Bank”) with the said credit guarantee letter.

B. On November 16, 2016, the Plaintiff filed an application for bankruptcy and exemption (Seoul District Court 2016Hadan4092, 2016 Ma4092, 2016 Ma4092), the Plaintiff was declared bankrupt on July 6, 2017, and was granted immunity on August 18, 2017.

C. On March 27, 2017, the Defendant repaid KRW 19,472,447 to the Securities Savings Bank on behalf of the Plaintiff.

On April 7, 2017, the Defendant applied for a payment order against the Plaintiff (Seoul District Court Decision 2017 tea1388, the Daegu District Court, Kimcheon-si, Kimcheon-si, Seoul District Court), and on April 7, 2017, the Plaintiff issued a payment order ordering the Defendant to pay damages for delay and damages for delay of KRW 18,864,847, among them, and damages for delay and expenses for demand procedure (hereinafter “instant payment order”), which became final and conclusive on April 25, 2017.

(hereinafter “instant claim”). E., a claim based on the instant payment order (hereinafter “instant claim”).

The plaintiff did not enter the claim of this case in the list of creditors until the bankruptcy and exemption decision is made.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. In other words, a property claim arising prior to the declaration of bankruptcy against a debtor regarding the determination of the cause of a claim, which is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, that is, a bankruptcy claim is not entered in the list of creditors at the time of application for immunity, barring the case falling under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the proviso thereof, and the right

According to the above facts, the payment order in this case is the cause.

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