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(영문) 서울중앙지방법원 2020.08.26 2019가단45655
면책확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to borrow money from the Defendant to pay KRW 22,00,000 to the Defendant, and the Plaintiff jointly and severally guaranteed the said obligation.

B. On May 4, 2018, the Defendant applied for a payment order with Seoul Central District Court Decision 2018 tea13578, and on May 4, 2018, the Defendant received a payment order from the above Seoul Central District Court that “C and the Plaintiff jointly and severally pay to the Defendant 22,00,000 won and the amount equivalent to 15% per annum from the day following the delivery date of the original copy of the payment order to the full payment date.

On June 15, 2018, the payment order against the plaintiff was finalized on June 30, 2018 because the plaintiff did not raise an objection after being directly served the original copy of the above payment order.

(hereinafter referred to as “instant bonds” or “the instant debt” due to the above payment order, and the said payment order is deemed to be “the instant payment order”).

On September 28, 2018, the Defendant requested the collection of the instant claim to the Central Credit Information Company, and the person in charge of the Central Credit Information Company demanded the repayment of the instant claim in currency with the Plaintiff.

On October 19, 2018, the Plaintiff filed an application for bankruptcy and exemption under the Suwon District Court 2018Hadan101471, 2018, the Plaintiff filed an application for bankruptcy and exemption.

The Plaintiff stated the claim amounting to KRW 53,110,703 (principal KRW 48,629,516) in the list of creditors when filing the said application, but did not state the claim amount of this case.

E. Based on the instant payment order, the Defendant applied for a seizure and collection order on the Plaintiff’s deposit, etc. to the debtor, and the financial institution as the third debtor under the Suwon District Court Sejong District Court KRW 2018TT 446455.

On September 14, 2018, the above court decided the seizure and collection order, and the original copy of the decision was served by D at the Plaintiff’s domicile on January 16, 2019.

On December 26, 2018, the Plaintiff and D obtained the confirmation of the intention of divorce from the court.

F. The Suwon District Court declared that the Plaintiff was declared bankrupt on April 5, 2019, and on July 1, 2019.

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