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(영문) 서울중앙지방법원 2020.05.14 2019가단13924
면책확인의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the original copy of the Seoul Central District Court Decision No. 2012 tea81959.

Reasons

1. Basic facts

A. B, on December 14, 2001, lent KRW 2,000,000 to the Plaintiff.

As Seoul Central District Court Decision 2012 tea81959, B issued a payment order against the Plaintiff, for the principal of the above loan amounting to KRW 2,411,575 and the principal amounting to KRW 2,00,000 among them, 65% per annum from June 30, 2007 to March 21, 2008; 49% per annum from the next day to July 20, 2010; 44% per annum from the next day to June 26, 2011; and 39% per annum from the next day to the day of complete payment; and the above order became final and conclusive.

B. The Plaintiff filed an application for immunity from Daegu District Court 2007Hadan12810, 2017 the Daegu District Court 2007Hadan12810, 12810 if 2017 the Plaintiff declared bankrupt on May 29, 2008, and the decision to grant immunity on October 10, 2008 becomes final and conclusive.

(c).

In the event of the above bankruptcy and exemption, the Plaintiff reported 16 creditors' claims such as D Limited Company and D Limited Company on the creditors' list, but did not state the Defendant's claim for the loan against the Plaintiff, which was finalized by the above payment order.

On the other hand, the corporation B was declared bankrupt in the Seoul Central District Court, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor for the judgment on the cause of the plaintiff's claim, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision on immunity against the bankrupt becomes final and conclusive,

According to the facts acknowledged above, the creditor's claim against the plaintiff on the payment order of this case was incurred on December 14, 2001 and is a property claim arising from the cause prior to the declaration of bankruptcy as follows.

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