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(영문) 서울중앙지방법원 2017.07.05 2017가단5070508
보증채무금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 4

B. As to the Defendant’s assertion 1), the Defendant was granted bankruptcy or immunity, and thus, the Defendant cannot comply with the Plaintiff’s claim. In full view of the purport of the entire pleadings in the written evidence Nos. 2 and 4, the Defendant’s claim as indicated in the separate sheet (hereinafter “instant claim”).

) On April 4, 2014, the Daegu District Court 2014Hadan1427, 2014Ma1427, 2014Ma1427, the Plaintiff filed an application for each of the instant claims in bad faith and received a ruling of adjudication of bankruptcy on December 21, 2014, and a ruling of permission for discharge on April 21, 2015, and recognized the fact that the ruling of permission for discharge became final and conclusive around that time. However, on the grounds that the ruling of permission for discharge against the bankrupt becomes final and conclusive, the bankrupt’s obligation becomes natural obligation and the ability and enforcement of the suit that have ordinary claims are lost, and thus, the instant lawsuit is unlawful as there is no benefit of protection of rights. (2) The Plaintiff asserts that the Defendant did not enter the instant claim in the list of creditors in bad faith.

According to the evidence No. 3, it can be acknowledged that the defendant did not enter the claim of this case in the creditor list while filing a petition for bankruptcy.

However, it is insufficient to recognize that the Defendant did not enter the claim of this case in the creditor list in bad faith only with the descriptions of evidence Nos. 5 through 8, and thus, the Plaintiff’s assertion is rejected.

2. For this reason, the instant lawsuit is dismissed.

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