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(영문) 서울동부지방법원 2017.06.20 2016가단25042
양수금
Text

1. The Defendant’s KRW 90,850,00 for the Plaintiff and KRW 5% per annum from January 1, 2007 to July 13, 2016.

Reasons

1. Facts of recognition;

A. C received a certificate of loan from the Defendant on April 6, 2005, stating that “The above amount shall be paid at the time of sale in D, however, at the time of sale in D, the said amount shall be paid.”

B. C The Plaintiff on September 11, 2006

A claim for KRW 90,850,000 out of the loan balance stated in the claim (hereinafter “claim of this case”) was transferred, and the defendant was notified of the transfer and the notification was delivered to the defendant around that time.

C. Accordingly, on September 17, 2006, the Defendant prepared a letter of payment stating that “The Defendant shall pay the remainder to the Plaintiff by not later than October 24, 2006, not less than KRW 20 million, not less than KRW 20 million until November 30, 2006, and not later than December 31, 2006.”

On the other hand, the defendant was granted immunity on November 25, 2008 by Seoul Central District Court (Seoul Rehabilitation Court) 2008, 36830, 2008Hadan36830, and 2008Hadan36830, and was granted immunity on August 11, 2009. In the above procedure, the defendant did not enter the claim in the creditor list.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Defendant asserts to the effect that the Plaintiff’s claim of this case is unlawful, since the Defendant received a decision to grant immunity as above from the court. On this point, the Plaintiff asserts that, in bad faith, the Defendant could not be exempted from immunity because it did not enter the claim of this case in the list of creditors.

The term "claim that is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. Thus, if the debtor is unaware of the existence of an obligation, he/she is negligent in not knowing the existence of the obligation.

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