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(영문) 서울중앙지방법원 2017.04.26 2016가단157878
면책확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 26, 2011, B Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 28 million from Defendant Hyundai Capital at the interest rate of 7.95% per annum, handling fee rate of 4.9% per annum, and delay damages rate of 24% per annum. The Plaintiff jointly and severally guaranteed the said obligation against Defendant Hyundai Capital.

B. Nonparty Company: (a) from Defendant Hyundai Capital on April 26, 2011.

Under the same conditions as Paragraph 2, the Plaintiff borrowed KRW 28 million, and the Plaintiff jointly and severally guaranteed the above obligation against the Defendant Hyundai Capital.

C. Nonparty Company: (a) from Defendant Hyundai Capital on July 12, 2011.

Under the same condition as Paragraph 4, the Plaintiff borrowed KRW 15 million, and the Plaintiff jointly and severally guaranteed the above obligation against the Defendant Hyundai Capital.

On the other hand, the non-party company borrowed 50 million won from the defendant bank on July 17, 2009 at the maturity of July 15, 2014 and at the rate of 9.36% per annum. The plaintiff guaranteed the above loans to the defendant bank.

E. On April 20, 2012, Nonparty Company entered into a credit card use agreement with the Defendant bank and used the credit card, and the Plaintiff jointly and severally guaranteed the said credit card payment obligation to the Defendant bank.

F. After that, on March 19, 2015, the Plaintiff filed an application for bankruptcy immunity and received a decision of immunity on November 2, 2015 (the Changwon District Court Decision 2015Hau527, 2015, 528). The Defendants’ respective claims are not included in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion asserts that since the plaintiff has a lot of debts in the above bankruptcy exemption procedure, it was omitted in the creditor list as a joint and several liability obligations against the defendants were not memoryd, the defendants' claims constitute exemption claims.

B. The debtor who received one exemption from liability for judgment shall be in bankruptcy proceedings.

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