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(영문) 서울북부지방법원 2019.03.27 2018가단123267
사해행위취소
Text

1. The defendant shall pay to the plaintiff the amount of KRW 14,349,481 and KRW 10,766,167 among them, from May 16, 2018 to the date of full payment.

Reasons

1. The facts stated in the attached Form of the judgment on the cause of claim can be deemed as having been led to confession because the defendant did not clearly dispute the facts. Thus, the defendant is obligated to pay the plaintiff the amount stated in paragraph (1) of this Article.

2. The defendant's assertion is proved to be unable to respond to the plaintiff's claim of this case, since the defendant obtained the approval of debt settlement from the C Committee.

In light of the above, the C Committee’s approval for debt settlement is merely a system that assists in the debtor’s economic recovery through debt settlement, such as extension of the repayment period, installment repayment, adjustment of interest rate, deferment of repayment period, and exemption from debt, etc. for debtors meeting certain requirements, such as the burden of excessive debt to various financial institutions, etc., and even if such approval was granted, it cannot be deemed that the suspension of the plaintiff’s claim is effective

(4) In addition, it is necessary for the Plaintiff to secure an executive title in preparation for a case where the approval of debt settlement becomes void due to the Defendant’s failure to implement the repayment plan, etc.

Therefore, the defendant's above assertion is not accepted.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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