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(영문) 청주지방법원 2017.01.13 2016가단112501
구상금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A’s 27,265,669 won and the above 27,174.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A

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

(b) Judgment deeming the confession under applicable law (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the plaintiff's claim against the defendant B

A. The judgment on the cause of the claim is as set out in the annexed Form of Claim

(Confession). (b)

Since Defendant B received bankruptcy and immunity decision, Defendant B asserted that there is no benefit of the Plaintiff’s lawsuit against Defendant B.

According to each of the statements in Dop and Eul evidence Nos. 1-3, Defendant B received a declaration of bankruptcy and a decision to grant immunity on January 29, 2013, which is after the occurrence of the joint and several surety obligation against the Plaintiff, from the Cheongju District Court No. 2012, May 26, 2013, which is after the occurrence of the instant joint and several surety obligation against the Plaintiff, and the said decision becomes final and conclusive on February 13, 2013.

When a decision to grant immunity to the bankrupt becomes final and conclusive, the obligation of the bankrupt shall lose the ability to file a lawsuit and the ability to enforce the claim which is normally due to the natural obligation.

Thus, the plaintiff's lawsuit against the defendant B is unlawful because there is no benefit of protection of rights.

As to this, the plaintiff asserts that since defendant B did not enter his joint and several debt claim of this case against the above defendant in the list of creditors in bad faith, he is not exempt from liability pursuant to the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act.

When Defendant B filed a petition for bankruptcy, the fact that the above joint and several surety claims were not entered in the creditor list does not conflict between the parties.

However, "Claims that are not entered in the list of creditors in bad faith" means cases where a debtor has been aware of the existence of an obligation before immunity is granted, but has not been entered in the list of creditors. Whether a debtor's bad faith is a debtor shall be comprehensively taken into account various circumstances such as the details of the omitted claim and the relationship between the debtor and the creditor, the relationship between the creditor and the debtor, and whether the debtor complie

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