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(영문) 서울중앙지방법원 2017.04.04 2016가단5238642
면책확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Solomon Savings Bank (hereinafter “Slomon Savings Bank”) extended a loan of KRW 20 million to the Plaintiff on September 13, 2010, and set the maturity of KRW 33% per annum and KRW 44% per annum on September 21, 2013. The lending of KRW 10 million on March 11, 201 and set the maturity of KRW 33% per annum and KRW 44% per annum on March 21, 201.

B. Since then, on April 30, 2013, Nonparty Bank was declared bankrupt in Seoul Central District Court Decision 2013Hahap46, and the Defendant was appointed as bankruptcy trustee. The Defendant filed against the Plaintiff a claim against the Plaintiff for payment order seeking the payment of the outstanding amount out of the loans as seen earlier, Seoul Central District Court Decision 2016Hu41240, and on February 23, 2016, the payment order was issued and finalized around that time.

C. Meanwhile, the Plaintiff filed an application for bankruptcy and exemption at the end of 201, and was declared bankrupt on September 19, 2012, and was granted immunity on January 23, 2013 in Suwon District Court 201, which is the case of exemption on January 23, 2013, and the decision of immunity became final and conclusive around that time. The said decision of immunity became final and conclusive. The list of creditors submitted by the Plaintiff at the time of bankruptcy exemption was stated ten financial institutions, such as the card company, but the bank was not stated therein.

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The plaintiff 1's summary of the party's assertion was granted immunity as seen earlier, and the plaintiff did not have received any demand for presentation or payment from the non-party bank or the defendant until then, and there was no reason to waive the above claim when the plaintiff applied for bankruptcy immunity.

Therefore, prior to the Plaintiff’s loan obligations against the Nonparty bank, “a claim not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act.

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