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(영문) 대구지방법원김천지원 2016.11.24 2016가단6664
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On April 12, 2006, the Plaintiff applied for a payment order from the Daegu District Court Decision 2006Hu1120, the Daegu District Court Decision 2006Da1120, and received dividends of KRW 230,394 in the distribution process of the H real estate auction case H H branch of Seo-Support District Court on September 26, 2014. As such, the Defendant asserted that he is jointly and severally with B, C, and D (E,F, and G were granted immunity) and is liable to pay the money written in the above payment order after deducting the above dividends from the above payment order, the Defendant applied for bankruptcy immunity in 2007, and thus, the Defendant asserted that the Defendant was exempted from the obligation to the Plaintiff on the date of pleading in 209, and the Defendant also received the payment order on the date of pleading after the expiration of the extinctive prescription period from the above date of pleading to the effect that it constitutes a short-term extinctive prescription period of KRW 230,394 of the Civil Procedure Act.

On this issue, the plaintiff asserts that the defendant did not enter the plaintiff in the creditor list in bad faith at the time of the above immunity decision, and thus the plaintiff's claim constitutes non-exempt claim.

The above payment order is based on a credit guarantee agreement dated August 12, 2004 (the client for the guarantee shall be KRW 85 million for the applicant, the point of achievement of the Korea Exchange Bank from August 12, 2004 to August 11, 2005 for the guarantee period, and the terms of the guarantee contract from August 12, 2004 to August 11, 2005 for the company general loan), and E, the primary debtor, the Defendant, the primary debtor, is the Defendant’s primary debtor. B (the Defendant’s husband’s operation), the above C, D, F (Defendant’s husband’s husband), the Defendant, and G (E’s wife) shall be the Plaintiff of the above E.

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