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(영문) 서울중앙지방법원 2017.06.14 2016가단5185878
양수금
Text

1. The Defendant’s KRW 20,065,838 as well as the Plaintiff’s KRW 20% per annum from February 20, 2006 to September 30, 2015, and the following.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the grounds for the change in the attachment of the claim;

[Reasons for Recognition] The entry of Gap evidence Nos. 3 through 6 and the purport of the whole pleadings

B. The Defendant asserts that the Plaintiff cannot accept the Plaintiff’s claim on the ground that the Defendant filed an application for individual rehabilitation with Busan District Court 2008Da41056 and received immunity on December 17, 2013.

However, according to the proviso of Article 625(2)1 of the Debtor Rehabilitation and Bankruptcy Act, “a claim that is not entered in the list of individual rehabilitation creditors” shall not be exempted from liability. Since the claim in this case is not entered in the list of creditors, regardless of whether the debtor had intention or negligence on the part of the omission, the liability may not be exempted.

In addition, on April 7, 2016, before the decision of the previous suit became final and conclusive on May 30, 2006, the fact that the application for the instant payment order was made on April 7, 2016, is apparent in the record, and thus, the defense of extinctive prescription cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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