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(영문) 서울중앙지방법원 2016.11.30 2016가단5223329
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to each of the statements in Gap evidence Nos. 1 and 5 as to the cause of the claim, the facts as shown in the annexed sheet are recognized.

2. Judgment on the defendant's defense

A. The Defendant, inasmuch as he/she received bankruptcy decision or immunity decision, raises a defense that the instant claim is unlawful.

According to the evidence Eul evidence Nos. 1 and 2, the defendant filed a bankruptcy and application for immunity on September 24, 2013, which was after the occurrence of claims as stated in the grounds for the claim (hereinafter "claim of this case"), and filed a bankruptcy and application for immunity (In Incheon District Court Decision 2013Hadan5071 and 2013Ma5067), declared bankrupt on February 18, 2014, and was decided to grant immunity on April 30, 201, and the decision to grant immunity becomes final and conclusive on May 15, 2014.

If a decision to grant a discharge to a bankrupt becomes final and conclusive, the bankrupt’s obligation is natural obligation and the ability and executory power of the suit is lost, and the suit in this case is unlawful as there is no benefit of protection of rights.

B. The Plaintiff asserts that the Defendant is not exempt from liability because the Defendant did not enter the instant loan claim in the creditor list in bad faith.

According to the evidence No. 2, it can be acknowledged that the defendant did not enter the claim for the loan of this case in the creditor list while filing a petition for bankruptcy.

However, in light of the following circumstances, the evidence alone presented by the Plaintiff is insufficient to recognize that the Defendant did not enter the instant loan claims in the creditor list in bad faith.

Therefore, the plaintiff's assertion is without merit.

1) According to the statements in Gap evidence Nos. 6 through 10, Eul evidence Nos. 1 through 4, the defendant, at the time of obtaining a loan from the new Savings Bank, shall be the defendant's B apartment Nos. 209, 201 (hereinafter "the apartment of this case").

The defendant set up a right to collateral security with a maximum debt amount of KRW 110,500,000, and the defendant paid interest on the loan claim of this case until July 2012, 201, one year prior to the filing date of a petition for bankruptcy.

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