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(영문) 제주지방법원 2016.11.25 2016가단317
청구이의
Text

1. The defendant's judgment of Jeju District Court 2010 Ghana887 against the plaintiff is based on the original copy of the decision on performance recommendation.

Reasons

Facts of recognition

A. On November 4, 1991, the Plaintiff, a Dong Seo-gu, set KRW 50,00,000 from the Future Savings Bank (hereinafter “Smi Bank”) on November 4, 1991, as repayment period, KRW 18% per annum, and KRW 25% per annum, as joint and several sureties with respect to the above loan (hereinafter “instant joint and several sureties”).

B. The defendant filed a lawsuit against the plaintiff for the claim for joint and several surety payment in this case as Jeju District Court 99 Ghana56744, and the above lawsuit was initiated by service against the plaintiff, and on March 3, 2000, the above court rendered a judgment that "the plaintiff shall pay 50 million won to the defendant, and 20% per annum from July 10, 1997 to January 4, 1998, and 25% per annum from the next day to the day of full payment," and the above judgment became final and conclusive on April 12, 200, and thereafter the Jeju District Court 2010Da8887, which decided that the above amount should be paid from the above court on March 16, 2010 (hereinafter "the execution recommendation decision in this case") was final and conclusive.

C. Meanwhile, the Plaintiff filed a petition for bankruptcy with Jeju District Court No. 2009Hadan874, and with the same court No. 2009Da874, and did not state the joint and several surety obligation in the list of creditors.

On January 13, 2010, the Plaintiff was declared bankrupt, and on November 12, 2010, the decision to grant immunity became final and conclusive on November 27, 2010.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 through 3, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings by the plaintiff's assertion that the plaintiff omitted the defendant's joint and several surety obligation in the creditor list at the time of application for bankruptcy and exemption, but did not omit the statement in bad faith. Thus,

The defendant's assertion.

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