(영문) 춘천지방법원 영월지원 2018.11.21 2018가단1624

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(영문) 춘천지방법원 영월지원 2018.11.21 2018가단1624

면책확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 18, 201, the Plaintiff applied for a loan of KRW 6,700,000 from the Defendant for a loan of KRW 6,70,000 (which is divided into 36 months of the loan period and the principal and interest on repayment method). On October 17, 2012, the Plaintiff paid monthly principal and interest, and delayed repayment of the loan from around October 17, 2012.

B. On May 24, 2013, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan with the Chuncheon District Court Decision 2013Gada1152, Oct. 17, 2013, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 4,526,148 and the amount of KRW 4,130,804 at the rate of 29% per annum from December 22, 2012 to the date of full payment,” and the said judgment became final and conclusive on October 23, 2013.

(However, the above case was conducted by means of service by public notice to the plaintiff, and hereinafter "the final judgment of this case").

C. On June 10, 2013, the Plaintiff filed an application for bankruptcy and exemption from liability with the Chuncheon District Court 2013Hadan618, 2013Ma617, and the said court decided to grant the Plaintiff the exemption from liability on March 25, 2014, and the said decision was finalized on April 9, 2014.

(hereinafter “instant exemption”) D.

The Plaintiff did not enter the Defendant’s claim under the final judgment of the instant case in the list of creditors submitted at the time of the application for exemption.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4-1, Eul 1, 2, 4, and 5-1, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The obligor, upon receiving the decision of discharge from the Plaintiff court, is exempt from all liability except for the obligation not entered in the creditor list in bad faith. The Plaintiff does not have any omission in the creditor list with bad faith in the Plaintiff’s obligation to the Defendant, and thus, the decision of discharge from the Plaintiff’s obligation to the Defendant has the effect of the instant decision of discharge from the Defendant, and therefore, compulsory execution based on

B. The Plaintiff has a debt against the Defendant.

유사 판례

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