logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 하동군법원 2018.04.25 2018가단1000
면책확인
Text

1. On August 2014, the Defendant’s claim for the amount of reimbursement against the Plaintiff at the Changwon District Court Jinju-dong District Court 2014 tea190.

Reasons

1. Facts of recognition;

A. On September 7, 2001, the Plaintiff received a loan of KRW 29,900,000 from the Geumo Agricultural Cooperative (hereinafter “Seoul AFFC”). At the time, the Defendant entered into a credit guarantee agreement with the Plaintiff and issued a credit guarantee certificate to the effect that the Plaintiff guarantees the Plaintiff’s above loan obligations to Geumo AFFF, and on October 30, 2006, the Defendant subrogated for KRW 35,042,044 to the Geumo AFF on behalf of the Plaintiff.

B. On August 19, 2014, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff for a reimbursement order with the Jinwon District Court 2014 tea190, Jinwon District Court 2014. On August 20, 2014, the said court issued an order for payment (hereinafter “instant payment order”) stating that “the Plaintiff shall pay damages for delay from August 13, 2014 to the Defendant for KRW 74,728,908 and for KRW 35,042,04 among the Plaintiff,” and the said payment order became final and conclusive on September 18, 2014.

C. On February 9, 2015, the Plaintiff filed an application for immunity for individual bankruptcy and immunity with Seoul Rehabilitation Court No. 2015Hadan1220, 2015Ma1220. On June 29, 2015, the said court rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”), and the said decision to grant immunity became final and conclusive on July 15, 2015.

The plaintiff did not enter his claim based on the payment order of this case in the list of creditors at the time of bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above findings of recognition as to the cause of the claim, barring any special circumstance, the plaintiff is exempted from the responsibility to grant immunity of this case to the bankruptcy creditor for all obligations owed to the bankruptcy creditor. Therefore, compulsory execution based on the payment order of this case against the plaintiff by the defendant shall be rejected.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the payment order of this case was not entered in the list of creditors even though the plaintiff knew that the payment order of this case was issued at the time of the defendant's motion for bankruptcy and exemption from liability.

arrow