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(영문) 서울남부지방법원 2020.05.26 2020가단2773
면책확인
Text

1. The Defendant’s judgment based on the Seoul Southern District Court Decision 2013Kadan20975 against the Plaintiff.

Reasons

1. Facts of recognition;

A. C, on December 14, 201, borrowed 160,000,000 won from the Defendant at an annual interest rate of 15.5% (29%) per annum, and 60 months per annum, and the Plaintiff jointly and severally guaranteed C’s loan obligations against the Defendant.

B. The Defendant filed a lawsuit against the Plaintiff on January 21, 2013 against the Seoul Southern District Court Decision 2013Da200975, as the Defendant was unable to repay the loan obligations from C and the Plaintiff.

On April 26, 2013, the court rendered a judgment to the effect that “the plaintiff shall pay to the defendant 176,305,189 won and 150,857,634 won with interest of 29% per annum from March 15, 2013 to the date of full payment” that “the plaintiff shall pay to the defendant 176,305,189 won and 150,857,634 won.”

On May 14, 2013, the above judgment became final and conclusive on May 14, 2013 because the Plaintiff and the Defendant did not appeal the above judgment

(hereinafter “final judgment of this case”). C.

On June 5, 2013, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Rehabilitation Court No. 2013Hadan5803, 2013Ma5803, and obtained a decision to grant immunity from the above court on November 27, 2013, and on December 12, 2013, the aforementioned decision to grant immunity became final and conclusive.

(hereinafter “instant decision to grant immunity”) D.

On the other hand, the list of creditors submitted by the Plaintiff in the case of petition for bankruptcy and immunity did not contain the claims under the final judgment of this case (hereinafter “instant claims”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, facts with merit in this court and purport of whole pleadings

2. Determination:

A. The claim on the property arising prior to the declaration of bankruptcy against the debtor as to the determination of the cause of the claim, that is, the bankruptcy claim, even if the decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors, is subject to the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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