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(영문) 수원지방법원 성남지원 2018.03.20 2017가단13976
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Since 2003, the Plaintiff has borrowed money from time to time to time to the Defendant and has received repayment.

B. The Plaintiff prepared the loan certificate (hereinafter “the loan certificate of this case”) between the Defendant and the Defendant on a date in the following manner:

The creditor of the next increase of loans: A debtor shall agree with the creditor as follows and the debtor shall receive the following borrowed money from the creditor. If the interest on the borrowed money is overdue for not less than one month, the debtor shall lose the benefit of the following borrowed money and shall not raise an objection even if the creditor claims the principal and interest at one time.

- - Does - 1: (a) LAW - KRW 2,000,000 of the borrowed principal; (b) Interest KRW 3,000,000; (c) The due date for payment shall be August 31, 2009; provided, however, that if the due date for payment is not satisfied, the debtor shall be at any disadvantage.

On the other hand, on June 25, 2009, the Defendant applied for bankruptcy and exemption under the Suwon District Court Decision 2009Hadan6628, 2009Ma6628, and 2009Ma6628, and became final and conclusive on the same day upon receipt of the decision to grant immunity on June 25, 2010 (hereinafter “instant decision to grant immunity”). The creditors’ list submitted by the Defendant at the time had omitted the entry of the loan based on the instant loan certificate or the obligations owed to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The defendant asserts that the defendant did not know that the debts owed to the plaintiff remain, and did not have been omitted in bad faith in the list of creditors when applying for immunity, and therefore, the above debts were exempted from immunity of this case.

B. The "claim that is not entered in the list of creditors in bad faith by the debtor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means that the debtor is a bankruptcy creditor before immunity is granted.

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