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(영문) 서울중앙지방법원 2019.10.11 2019가단10826
면책확인의 소
Text

1. The Plaintiff’s loan 1,775,412 won and damages for delay against the Defendant have been discharged.

Reasons

1. Facts of recognition;

A. On July 22, 2010, the Plaintiff entered into a loan agreement with C Co., Ltd. (hereinafter “C”), and on September 12, 2016, the principal and interest of the loan as of September 12, 2016 are KRW 1,775,412 (hereinafter “instant obligation”).

B. C concluded an asset acquisition agreement with the Defendant on June 9, 2017, and the same year.

6. 29. A notice of assignment of claims was given to the Plaintiff.

C. The Plaintiff was granted immunity on July 25, 2017 (hereinafter “instant immunity exemption”) upon filing a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Incheon District Court No. 2016Do5254, 2016Hadan5258, and the relevant immunity exemption is granted. The same year

8.9. Finality was established. D.

On October 27, 2016, the list of creditors submitted by the Plaintiff to the court while filing an application for immunity and bankruptcy of this case on October 27, 2016 includes 132,314,458 won, including D Co., Ltd., and the amount of claims. However, C is not included.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The instant debt was discharged upon the Plaintiff’s exemption from immunity.

B. The Plaintiff, while knowing the existence of the instant debt, did not enter it in the list of creditors in bad faith, is not exempt from liability.

3. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "the exempted debtor shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim shall be exempted from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act.

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