logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.09 2014가합562718
면책확인의 소
Text

1. The plaintiffs' obligation to the defendant, including the details of the guaranteed obligation and each of the expenses stated, has been discharged.

Reasons

1. Basic facts

A. On October 16, 2002, the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) (hereinafter “Industrial Bank of Korea”) is the Company of this case.

(2) On June 17, 2005, the Industrial Bank of Korea jointly and severally guaranteed each of the loan obligations of the company of this case. On September 17, 2005, the Industrial Bank of Korea transferred each of the above loan obligations to a limited liability company specializing in land-backed securitization and notified the company of the fact of transferring its claims. The above company transferred the above loan claims to the plaintiff on March 13, 2008 and notified the company of the fact of transferring its claims to the company of this case on April 2008.

3) As of August 6, 2014, the Defendant’s claim amount against the Plaintiff (i.e., KRW 392,929,906 (i.e., KRW 389,189,573) (i.e., KRW 3,740,333) and the claim amount of the acquisition amount against the Plaintiff B is KRW 420,003,580 (i.e., the guaranteed obligation amount of KRW 416,263,247) (i.e., KRW 3,740,333) (hereinafter referred to as “acquisition amount”).

B) (B) On January 9, 2014, Plaintiff A filed an exemption and a petition for bankruptcy with the Seoul Central District Court No. 2014Hadan247, 2014Ma247, and the Plaintiff B filed a petition for immunity and a petition for bankruptcy with the same court on January 9, 2014, and the Plaintiff B filed a petition for immunity and a petition for bankruptcy with the same court on January 9, 2014. The Plaintiffs were declared bankrupt on May 19, 201, and the exemption from immunity on June 23, 2014 (hereinafter “instant exemption from immunity”). The aforementioned exemption from immunity became final and conclusive on July 7, 2014.

2) At the time of the above bankruptcy and application for immunity, the obligation of this case was omitted in the list of creditors submitted by the Plaintiffs at the time of the above bankruptcy and application for immunity. [In the absence of any dispute over the grounds for recognition, the entries in the evidence No. 2-1, No. 2, Evidence No. 3-1, No. 2, Evidence No. 3-2, Evidence No. 5-1, 2, and

2. Determination

(a) Judgment on the cause of the claim - "the debtor is entitled to property arising from the cause which occurred before the declaration of bankruptcy" in Article 423 of the Debtor Rehabilitation and Bankruptcy Act.

arrow