(영문) 춘천지방법원영월지원 2017.12.21 2017가합249

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(영문) 춘천지방법원영월지원 2017.12.21 2017가합249

면책확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 11, 2006, the Defendant lent KRW 210,000,000 to C, and the Plaintiff jointly and severally guaranteed the above loan obligations against C.

B. On June 16, 2015, the Plaintiff filed an application for bankruptcy and exemption with the Suwon District Court Decision 2014Hadan532, 2014Ma532, and obtained immunity from immunity on June 16, 2015, and the said decision became final and conclusive on July 1, 2015. At the time, the Plaintiff did not enter the guarantee obligation against the Defendant in the list of creditors.

C. Since then, the Defendant filed a lawsuit against the Plaintiff for the revocation of fraudulent act against the Defendant, the said lawsuit was initiated by public notice against the Plaintiff, and on August 25, 2016, the judgment was rendered that “the Plaintiff shall pay to the Defendant the amount of KRW 210,000,000 and interest calculated at the rate of 5% per annum from October 12, 2006 to August 17, 2016, and 15% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. Ex officio determination on the legitimacy of the instant lawsuit

A. At the time of the application for bankruptcy and exemption, the Plaintiff asserts that it does not enter the guaranteed obligation against the Defendant in the list of creditors in bad faith, and seeks confirmation of exemption.

B. Notwithstanding the determination of a decision to grant immunity to a debtor in bankruptcy, where a claim is disputed as to which claim constitutes a non-exempt claim, the debtor may, by filing a lawsuit seeking confirmation of exemption, eliminate the risks of present in his/her right or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executory power based on the effect of the discharge becomes an effective and appropriate means to remove the danger in the legal status.

Therefore, it is not a final solution to the dispute.

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