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(영문) 수원지방법원 안양지원 2018.10.11 2017가단13548
대여금
Text

1. Defendant C’s KRW 45,500,000 as well as 5% per annum from May 1, 2006 to March 25, 2008, and the following.

Reasons

1. Basic facts - The plaintiff filed a lawsuit against the defendants and non-party E against Suwon District Court 2007da62099, 2007da62105, 2007dadan103815 (Joint Loan). The above court rendered a judgment on March 13, 2009 that "the plaintiff, the defendant C, the defendant C, the defendant C, the defendant D, the defendant D, the amount of KRW 49,500,000, the amount of KRW 10,500,000, the amount of KRW 10,500,000, and each of the above amounts, the amount of KRW 5% per annum from May 1, 2006 to March 25, 2008, and the amount of KRW 20% per annum from the next day to the full payment date," which became final and conclusive around that time (hereinafter referred to as "the above judgment").

Defendant D filed an application for bankruptcy and discharge (hereinafter “application for bankruptcy and discharge”) with Suwon District Court No. 2015Hadan637 and 2015Ma6337, Sept. 9, 2016; the aforementioned court rendered a decision to grant immunity to Defendant D on September 24, 2016; and the said decision to grant immunity became final and conclusive on September 24, 2016.

Defendant D did not enter the Plaintiff’s claim (hereinafter “instant claim”) pursuant to the instant judgment in the list of creditors submitted at the time of the application for bankruptcy and exemption of the instant case.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-3 evidence, the purport of the whole pleadings

2. Judgment by public notice as to the claim against Defendant C (Article 208(3)3 of the Civil Procedure Act)

3. Determination as to the claim against Defendant D

A. Determination as to the legitimacy of the lawsuit by the parties 1) The defendant D's assertion does not refuse the claim of this case in bad faith to the creditor list at the time of the application for bankruptcy and immunity of this case. Thus, the defendant D's obligation to the plaintiff was exempted by the decision on immunity of this case, and accordingly, the lawsuit of this case is unlawful. In this regard, the plaintiff asserted that since the defendant D omitted the claim of this case in bad faith to the above creditor list, the above claim constitutes non-exempt claim. 2) "The Debtor Rehabilitation and Bankruptcy Act" (hereinafter referred to as "the Debtor Rehabilitation and Bankruptcy Act").

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