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(영문) 대구지방법원 2016.12.14 2016나305530
보증채무금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 23, 2003, B obtained a loan (hereinafter “instant loan”) with a fixed interest rate of KRW 9,900,000 per annum 22% per annum, delay damages, 24% per annum, and 36 months during the loan period (as of June 23, 2006, June 23, 2006) from LG Card Co., Ltd. (hereinafter “Plaintiff”). At the time of the said loan, the Defendant jointly and severally guaranteed the instant loan obligations against the Plaintiff.

(hereinafter referred to as the “joint and several sureties of this case”).

As of July 21, 2015, the sum of the principal and interest of the instant loan claims against B is KRW 33,984,560 (= Principal KRW 7,869,265, interest of KRW 331,880, KRW 25,783,415).

C. On March 15, 2006, the Defendant filed a petition for bankruptcy and immunity with the Daegu District Court 2006Hadan248, 2006Ha285, and was declared bankrupt by the above court on March 15, 2006, and was granted immunity on May 30, 2006, and the above decision became final and conclusive on June 20, 2006.

However, the defendant did not enter the obligation of joint and several sureties in the list of creditors of the above exemption case.

B filed an application for individual rehabilitation with the Daegu District Court 2005da59439 on November 29, 2005, and received the decision to commence individual rehabilitation procedure from the above court on March 21, 2006. The list of creditors of the above individual rehabilitation case included the Plaintiff, and B paid in installments from September 5, 2006 to April 15, 2014, and upon receiving a decision to grant immunity from the above court on May 20, 2014, the above decision became final and conclusive on June 4, 2014.

[Ground of recognition] Facts without dispute, significant facts in the trial court of the party, Gap evidence Nos. 1 through 8 (including branch numbers in the case of provisional evidence), Eul evidence No. 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion that “The instant joint and several liability claim against the Defendant is an exemption claim, and thus, the instant lawsuit is unlawful.”

B. The obligor referred to in Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.

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