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(영문) 수원지방법원안양지원 2014.12.10 2014가단15567
면책확인의 소
Text

1. The principal guaranteed by the Plaintiff against the Defendant is KRW 50,000,000 and interest and damages for delay.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 1, 3, and 4 together with the whole purport of the pleadings.

On September 6, 2002, the Plaintiff drafted and issued to the Defendant a notarized deed of the Non-Party General Law Office No. 1824, 2002, stating that “C borrowed KRW 50 million from the Defendant, and the due date shall be December 6, 2002, the interest shall be 36% per annum; the Plaintiff shall jointly and severally guarantee the obligation of the above borrowed money; and if the Plaintiff and C fail to perform the obligation of the above borrowed money, they shall be aware that there is no objection even if they are immediately subject to compulsory execution.”

B. On March 14, 2011, the Plaintiff filed bankruptcy and application for immunity, and received immunity from the Seoul Central District Court 201Da3603 on March 14, 2012, and the aforementioned immunity was finalized on March 29, 2012. The list of creditors submitted by the Plaintiff while filing the application for immunity from the above immunity did not indicate the Defendant’s claims on the instant authentic deed.

2. The assertion and judgment

A. The plaintiff asserted that while filing a bankruptcy and application for immunity, the existence of the obligation under the notarial deed of this case against the defendant is forgotten and omitted in the list of creditors, and does not intentionally omitted. Thus, the effect of immunity extends to the obligation under the notarial deed of this case.

As to this, the defendant asserts that the plaintiff intentionally omitted the obligation under the notarial deed of this case from the list of creditors even though he knows the obligation under the notarial deed of this case, so the obligation under the notarial deed of this case shall not be exempted.

B. According to the Debtor Rehabilitation and Bankruptcy Act, any property claim arising before the debtor is declared bankrupt shall be a bankruptcy claim, and the debtor upon whom immunity is granted shall, in principle, be the whole of the obligations owed to the bankruptcy creditor except the distribution under the bankruptcy procedure.

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