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(영문) 서울서부지방법원 2016.06.16 2015가단43564
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Text

1. The principal of the Plaintiff against the Defendant and the amount equivalent to 26,148,149 won and interest thereon and damages for delay.

Reasons

1. Basic facts: (a) at the time when the Plaintiff’s husband B obtained a loan of KRW 30 million from Aju Capital Co., Ltd. (hereinafter “Aju Capital”) on January 20, 2012, 19.9% per annum; (b) interest rate of KRW 31.9% per annum; and (c) interest rate of KRW 36% per annum; and (d) interest repayment conditions for 36 months, the Plaintiff jointly guaranteed the above loan obligations; (b) on November 27, 2013, Aju Capital transferred the above loan obligations to the Defendant and notified the Plaintiff of the assignment of claims; (c) around that time, around July 24, 2015, the Plaintiff applied for bankruptcy immunity under the Seoul Central District Court Decision 2015Hadan6711, 2015, and 6711; and (d) the decision became final and conclusive on November 27, 2015; and (d) the Plaintiff’s claim registration number was omitted or omitted from the obligee’s list.

2. Judgment on the parties' arguments

A. The Plaintiff asserts that, at the time of filing an application for bankruptcy immunity, the above loan obligation was also exempted, since it was not known of the existence of the above loan obligation at the time of filing an application for bankruptcy exemption and did not have been maliciously omitted. The Defendant asserts that, on November 2012, the Plaintiff intentionally omitted at the time of filing a list of creditors, even though he knew of the existence of the above loan obligation through telephone conversations with the Defendant and knew of the existence of the above loan obligation with the Defendant at the time of filing a criminal complaint with the Goyang branch Office of the Government's High Office due to the crime of evading compulsory execution from

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim not entered in the list of creditors in bad faith is one of non-exempt claims.” In this case, “a claim not entered in the list of creditors in bad faith” is “a claim” before a debtor grants immunity.

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