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(영문) 수원지방법원 안산지원 2018.03.21 2017가단17719
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the defendant's defense prior to the merits.

The Plaintiff asserts that the Defendant should pay the Plaintiff a loan of KRW 70 million (agreement) even if the above decision became final and conclusive upon receiving a bankruptcy exemption decision, since the Defendant prepared a written note of payment that the Plaintiff would pay the obligation of KRW 70 million to the Plaintiff with the maximum capacity from August 2015, 2015, instead of being exempted from bankruptcy in early 2015.

However, as the above 70 million won debt is a property claim arising from a cause arising before the bankruptcy is declared, which falls under a bankruptcy claim, and there is no dispute between the parties, and the exempted debtor is exempted from all of the debt to the bankruptcy creditor except dividends under the bankruptcy procedure, so the defendant prepared a written statement of payment that the above 70 million won debt will be repaid to the maximum extent possible, and it cannot be deemed that the above 70 million won debt does not affect the effect of exemption.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights, and it is so decided as per Disposition.

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