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(영문) 광주지방법원 2017.06.15 2017가합50152
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2008, the Plaintiff: (a) borrowed KRW 150,000,000 from the Defendant at a law firm Seom, from the Defendant on the same day; and (b) drafted a notarial deed with the content that the Plaintiff will repay in installments the amount of KRW 50,000,000 by the end of August 2008, October 2008, and until the end of November 2008, respectively.

(No. 2070 No. 2070, No. 7). (b) No. 2008.

On June 19, 2008, the Plaintiff drafted a notarial deed stating that the Defendant and a notary public shall borrow KRW 487,600,000 from the Defendant on the same day, and that it shall make payment in installments at the intervals of three months from the end of March 2009 to the end of December 2010, respectively, at the intervals of three months from the end of December 30, 2008.

(No. 2157, No. 2008 (No. 8, 2008). (C) No. 2157, a notary public combines all of the above notarial deeds (hereinafter referred to as "each notarial deed of this case").

On December 20, 2016, the Defendant filed an application for compulsory execution (No. 2016No. 5013) with respect to movable property located in the Plaintiff’s residence with the title of execution on the No. notarial deed as stated in paragraph (b) on December 20, 2016, and the date of auction of movable property was proceeding on December 29, 2016.

The Plaintiff filed a petition for bankruptcy and immunity (hereinafter “instant bankruptcy and exemption case”) with the Gwangju District Court No. 2341, 2012Hadan2341, and omitted the entry of obligations under each of the instant authentic deeds in the list of creditors submitted at the time.

On November 19, 2012, the above court declared a bankruptcy against the Plaintiff, but rendered a decision to discontinue the bankruptcy and a decision to grant immunity (hereinafter “decision to grant immunity of this case”) on February 18, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 7, 8, and 12, the purport of the whole pleadings

2. The plaintiff alleged in the plaintiff's assertion is granted the immunity decision of this case by omitting obligations under each of the notarial deeds of this case in the creditor list without bad faith in the bankruptcy and exemption case of this case. Thus, each of the obligations under each of the notarial deeds of this case.

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