대여금 등
1. The plaintiff's lawsuit against the defendant D shall be dismissed.
2. Defendant C shall pay to the Plaintiff KRW 31,039,366 and KRW 24,00,000 among them.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice on the claim against Defendant C (Article 208 (3) 3 of the Civil Procedure Act)
3. Whether the lawsuit against the defendant D is lawful
A. On February 26, 2014, Defendant D declared bankrupt and the Defendant filed an application for immunity with the Busan District Court No. 2014Hadan514, 2014, and 514.
On September 18, 2015, the above court decided to discontinue the bankruptcy, decided to grant immunity on the same day, and decided to grant immunity on October 3, 2015.
In the above bankruptcy and exemption procedure, the list of creditors submitted by the defendant did not state the obligation of the loan of this case.
B. The gist of the Defendant’s assertion is that the Defendant did not know the existence of the instant loan obligation at the time of the application for immunity, and did not neglect it in bad faith.
Therefore, the loan obligation of this case shall be deemed exempted by the immunity decision of this case.
C. 1) Determination 1) Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “A debtor shall be entitled to a bankruptcy claim.” Article 566 of the same Act provides that “A debtor who has received immunity shall be exempted from all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, a bankruptcy claim shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). In addition, even if it does not fall under any of the subparagraphs of the proviso of Article 566 of the same Act, the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010). This means that a
Therefore, when immunity on the debtor's bankruptcy becomes final and conclusive, the claim which has been exempted shall have ordinary claims.