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(영문) 서울중앙지방법원 2016.06.29 2016가단5078352
대여금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. According to each of the statements in Gap evidence Nos. 1 to 11 (including each number) as to the cause of the claim, it is recognized as the same as that of the cause of the claim in the annexed sheet.

2. Determination as to the defendants' defense

A. Determination 1 on the Defendants’ defense is granted a decision to grant the exemption under the Seoul Central District Court 2014Ha10025, Jun. 16, 2015; Defendant B was declared bankrupt as Seoul Central District Court 2014Hadan10017, and Defendant B became final and conclusive a decision to grant the exemption from the exemption from the discharge from the discharge from the discharge from the discharge from the discharge from the discharge of each of the claims listed in the Nos. 1 and 2 (including the number of each of the above claims) on November 25, 2014.

3) Once a decision to grant immunity to the bankrupt becomes final and conclusive, the bankrupt’s obligation becomes natural obligation and becomes void, and thus, the Plaintiff’s lawsuit against the Defendants is unlawful as there is no benefit of protection of rights. (B) The Plaintiff asserts that, in bad faith, the Defendants are not exempt from liability on the ground that the Defendants did not enter each of the claims of this case in the list of creditors.

2) According to the evidence evidence Nos. 7 and 8, the Defendants’ failure to enter each of the claims of this case in the creditors’ list while filing a petition for bankruptcy. 3) However, in light of the following circumstances acknowledged by the facts stated in the grounds of appeal Nos. 7 and 8, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants did not enter each of the claims of this case in the creditors’ list in bad faith.

Therefore, the plaintiff's assertion.

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