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(영문) 서울고등법원 2016.06.30 2015나2050666
면책확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2006, the Future Savings Bank Co., Ltd. (hereinafter “B”) lent KRW 350,000,000 to B, and KRW 50,000,00 on July 24, 2008, respectively, and at the time of each of the above loans, the Plaintiff, the wife of B, at the time of the above lending, jointly and severally guaranteed B’s respective loan obligations against B’s future Savings Bank.

(hereinafter referred to as "joint and several surety obligation of this case" in total)

On December 17, 2009, the Plaintiff filed a petition for bankruptcy with Seoul Central District Court No. 2009Hadan31974, 2009Da31974, the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court. At the time, the instant joint and several liability obligations against the future Savings Bank were not entered in the list of creditors.

On March 17, 2011, the above court rendered a decision on the adjudication of bankruptcy and the abolition thereof against the Plaintiff, and on May 17, 2011, decided to grant immunity (hereinafter “instant decision on immunity”). The above decision on immunity became final and conclusive on June 2, 2011.

C. Meanwhile, the future savings bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Defendant was appointed as the trustee in bankruptcy on the same day.

The defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2014Kadan263595 against the plaintiff, and the lawsuit was initiated by service by public notice, and on March 24, 2015, the defendant paid to the defendant 148,91,009 won and 64,419,780 won with interest of 22% per annum from August 6, 2014 to the day of full payment to the day of full payment, with interest of 128,472,290 won and 50,000 won with interest of 333% per annum from August 6, 2014 to the day of full payment.

D. On April 14, 2015, the Plaintiff was issued with the original copy of the judgment in the instant case, but did not file an appeal or a subsequent appeal, and the said judgment became final and conclusive around that time. [In the event that there is no dispute over the grounds for recognition, Gap’s 1 through 4, 8, Eul’s 1-1 through 4, Eul’s 1-2, Eul’s 3-2, Eul’s 10-1, and Eul’s 10-2.

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