logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.11 2014가단208109
면책확인
Text

1. The plaintiff's obligation to the defendant 7,744,299 won and damages for delay and the amount of provisional payment shall be the obligation to the defendant.

Reasons

1. The fact that the Plaintiff filed an application for bankruptcy and immunity with the Jeonju District Court Decision 201Da27222, 2011Hadan2722, and was granted immunity on April 18, 2013, and the fact that the obligation under Paragraph (1) of the Disposition against the Defendant was omitted in the list of creditors of the decision to grant immunity does not conflict between the parties.

2. In a case where a decision to grant a discharge to a debtor becomes final and conclusive, the debtor is exempt from all of his/her obligations to the bankruptcy creditor (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, according to the above-mentioned facts, a decision to grant discharge becomes final and conclusive, barring any special circumstance, and thus, the plaintiff's above

In this regard, the defendant argued that the plaintiff did not exempt the plaintiff from the liability pursuant to subparagraph 7 of the proviso of the above provision because the plaintiff did not have the defendant's claim in bad faith, but there is no evidence

If so, the plaintiff's claim is justified.

arrow