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(영문) 서울중앙지방법원 2016.06.22 2016가단29638
대여금 등
Text

1. The part against Defendant B among the instant lawsuit is dismissed.

2. Defendant A Co., Ltd. is KRW 65,171,877 and the Plaintiff.

Reasons

1. Determination as to Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. According to each of the statements in Gap's evidence Nos. 1 and 4 as to the cause of the claim, the facts such as the statement in the annexed cause of claim are recognized.

B. Defendant B’s defense 1) is subject to bankruptcy or immunity, and the claim of this case is deemed unlawful. Defendant B’s claim of this case is asserted as unlawful. The claim of this case indicated in the attached Form No. B (hereinafter “claim of this case”).

(2) On September 15, 2014, the Suwon District Court rendered a declaration of bankruptcy as of September 15, 2014 (Seoul District Court Decision 2013Hau7495). On September 22, 2015, the court rendered a ruling of exemption pursuant to the above court 2013Hau7495, and on October 7, 2015, it can be recognized that the ruling of exemption becomes final and conclusive. Once the ruling of exemption from liability against the bankrupt becomes final and conclusive, the bankrupt’s obligation becomes natural obligation and has the right to file a lawsuit with ordinary claims and has lost executive capacity, and thus, the part on Defendant B in the instant lawsuit is unlawful as there is no benefit of protection of rights.2) The Plaintiff asserts that the Plaintiff is not exempt from liability as it did not enter the instant claim in bad faith

However, the evidence presented by the plaintiff alone is insufficient to recognize that the defendant B did not enter the claim of this case in the creditor list in bad faith.

Therefore, the plaintiff's assertion is without merit.

3. The part of the lawsuit of this case which entirely accepted the claim against Defendant A, which was dismissed as to Defendant B

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