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(영문) 서울서부지방법원 2016.07.20 2015가단36023
면책확인
Text

1. It is confirmed that the Plaintiff’s obligation to the Defendant as stated in the annexed ledger of the right to claim reimbursement against the Defendant is exempted.

2...

Reasons

1. Facts of recognition;

A. On June 20, 2008, B Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Defendant and received a business loan from a new bank under the Defendant’s guarantee (a guarantee amount of KRW 85,000,000). At the time of the conclusion of the said credit guarantee agreement, the Plaintiff and C (the Plaintiff’s wife) jointly and severally guaranteed the Defendant’s liability for indemnity against the Defendant.

B. As a guarantor, the Defendant subrogated for KRW 52,83,760 in total to a new bank on August 16, 201, when a guarantee accident occurred to delay the repayment of the principal and interest of loan to a new bank.

(B) The defendant acquired the claim for indemnity against the non-party company and the claim for joint and several surety against the plaintiff, and the latter "the claim of this case". The detailed details of the claim of this case are as shown in the ledger of the accident/right of indemnity.

On the other hand, the Plaintiff filed a petition for bankruptcy and immunity with Seoul Central District Court No. 2013Hadan11407, 2013 11407, and omitted the entry of the instant claim in the list of creditors submitted at the time of the said petition.

On February 6, 2014, the above court declared bankruptcy against the plaintiff, and decided to grant immunity (permission) on May 29, 2014, and the above decision to grant immunity was finalized on June 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"), a claim on property arising from a cause before the debtor is declared bankrupt is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from all liability to the bankruptcy creditor except dividends arising from bankruptcy proceedings. As seen earlier, the claim in this case is a bankruptcy claim arising from a cause arising prior to the bankruptcy of the plaintiff, and is against the plaintiff.

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