면책확인
1. The Plaintiff’s obligation to borrow 197,50,000 won and its interest obligation against the Defendant was exempted.
1. On October 26, 2012, the Plaintiff submitted to the Defendant a guarantee issued by the Korea Technology Credit Guarantee Fund, the Gangwon Credit Guarantee Foundation, the Korea Trade Insurance Corporation, and each guarantee issued by the Korea Trade Insurance Corporation, and received a loan of KRW 1.24,75 million in total ( KRW 1.1 billion in total) from the Defendant, and received a guarantee issued by the Korea Technology Credit Guarantee Fund and received a loan of KRW 5,43 million in total ( KRW 962.5 billion in total) from the Defendant.
Since then, the Plaintiff delayed the repayment of the principal and interest of each of the above loans and the issuing agency of each of the above guarantees made a payment by subrogation on each of the respective guarantees on December 27, 2017. As of December 27, 2017, the total amount of principal and interest 19,750,000 won, and the total amount of interest 114,332,338 won
(2) On April 4, 2016, the Plaintiff filed an application for exemption from individual bankruptcy and application for exemption from the principal and interest of loan (hereinafter “instant obligation”). At that time, the Plaintiff’s list of creditors submitted by the Plaintiff was written with four creditors, including issuing agencies and new banks, but the instant obligation against the Defendant was omitted.
After the above court declared the plaintiff bankrupt, on October 26, 2017, the court rendered a decision to grant immunity (hereinafter referred to as "decision to grant immunity of this case") and the decision became final and conclusive as it is.
After November 2017, the Plaintiff received a notice from the Defendant to request legal proceedings, and filed the instant lawsuit.
2. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor, upon whom bankruptcy and immunity is granted, is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures. Thus, even a bankruptcy claim not entered in the list of creditors in the application filed for immunity is subject to immunity.
However, Article 7 of the same Act provides that "a debtor's right not entered in the list of creditors in bad faith is a non-exempt claim, which shall be exempted by the debtor."