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(영문) 서울남부지방법원 2015.04.02 2014가단64411
면책확인
Text

1. The Plaintiff’s acquisition amount of KRW 12,876,00 against the Defendant and the interest and delay damages therefrom are exempted.

Reasons

1. Basic facts

A. On September 14, 2005, Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) transferred jointly and severally guaranteed loans (principal principal amount of KRW 7,605,228 and interest thereon, etc.”) to the Plaintiff, to a social company that raised dynamics (hereinafter “Dongyang”); on October 20, 2010, to Tynam Loans Co., Ltd; and Tynam Loans Co., Ltd., to the Defendant on March 19, 2012; and notified the Plaintiff of the fact of transferring the claims.

B. On December 28, 2007, Busan District Court 2007Gaso83851 filed a lawsuit against the plaintiff for the claim for the amount of money received from the Busan District Court on January 25, 2008 and received a decision of performance recommendation from the above court on January 25, 2008. The above decision was finalized on April 12, 2008.

(hereinafter referred to as the above, the Defendant’s claim against the Plaintiff that became final and conclusive is the “instant claim for acquisition by transfer”).

On May 15, 2012, the Plaintiff filed an application for bankruptcy or immunity with the Busan District Court Decision 201Hadan1531, 2012Ma1531, 2012, and 1531, and filed an application for the exemption from immunity on May 21, 2013, the Plaintiff is entitled to grant the instant exemption from immunity.

(B) Upon receipt of the decision of immunity, the above decision of immunity became final and conclusive on June 5, 2013, and in the above bankruptcy and immunity, the claim of this case was not included in the list of creditors. [The fact that there is no dispute over the basis of recognition, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings.]

2. According to the above findings of the determination, the Plaintiff’s obligation against the Defendant was exempted by the decision on immunity of this case, including the claim for the transfer money of this case which the Plaintiff omitted from the creditor list.

In regard to this, the defendant asserts that the decision on immunity of this case does not extend to the claim of this case since the plaintiff had been aware of the existence of the claim of this case in bad faith and omitted from the list of creditors.

In light of the following circumstances, the Plaintiff is liable for the total amount of five creditors at the time of filing a petition for bankruptcy or exemption of liability to KRW 120,890,267.

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