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(영문) 서울중앙지방법원 2016.12.14 2016가단5261307
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to each of the statements in Gap evidence Nos. 1 and 3 as to the cause of the claim, the facts as shown in the annexed sheet are recognized.

2. Judgment on the defendant's defense

A. The Defendant, inasmuch as he/she received bankruptcy decision or immunity decision, raises a defense that the instant claim is unlawful.

The Defendant was declared bankrupt on November 7, 201 as the Changwon District Court 201Hadan14, which was after the occurrence of the claims No. 1 and 3 in the table Nos. 1 and 3 in the grounds for the claim (hereinafter “each of the claims of this case”), and on March 9, 2012, the Defendant was determined to grant the exemption under the above court No. 2011, 14. The fact that the decision to grant the exemption became final and conclusive at that time does not conflict between the parties.

If a decision to grant a discharge to a bankrupt becomes final and conclusive, the bankrupt’s obligation is natural obligation and the ability and executory power of the suit is lost, and the suit in this case is unlawful as there is no benefit of protection of rights.

B. The plaintiff asserts that the defendant's liability is not exempted because he did not enter each of the claims of this case in the creditor list in bad faith.

The fact that the Defendant did not enter each of the claims of this case in the creditors list while filing an application for immunity does not conflict between the parties.

However, the Defendant is the guarantor of each of the claims in this case, and the Defendant’s filing of a petition for bankruptcy immunity is the time when five years have elapsed from the date on which the transferor of each of the claims in this case filed a lawsuit against the Defendant and was sentenced to the judgment, and there was demand for the Defendant

In light of the circumstances where there is no evidence to prove that there is no reason to deny exemption to the Defendant with respect to each of the claims of this case, it is insufficient to recognize that the Defendant did not enter each of the claims of this case in the list of creditors in bad faith only with Gap evidence Nos. 1 and 4-1 and 2.

Therefore, the plaintiff's assertion is without merit.

3. The instant lawsuit is dismissed.

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