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(영문) 서울중앙지방법원 2017.02.16 2016가단139252
보증채무금
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 to 8 of the judgment 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.

Comprehensively taking account of the purport of the entire argument in the statement in Eul evidence No. 2, the defendant was declared bankrupt on May 27, 2015, which was subsequent to the occurrence of the claim as stated in the attached Form No. 2 (hereinafter “instant claim”), by the Gwangju District Court No. 2014Ha775, Jun. 10, 2015; the above court No. 2014, Jun. 10, 2015; and the fact that the decision to grant the discharge became final and conclusive around that time.

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's liability is not exempted because he did not enter the claim of this case in the creditor list in bad faith.

According to the evidence No. 2, according to the defendant's petition for bankruptcy, it can be acknowledged that the defendant did not enter the claim of this case in the creditor list.

However, it is insufficient to recognize that the Defendant did not enter the claim of this case in the creditor list in bad faith only with the descriptions of Gap evidence Nos. 1 through 8.

Therefore, the plaintiff's assertion is without merit.

3. The instant lawsuit is dismissed.

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