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(영문) 인천지방법원부천지원 2016.12.22 2016가단18700

면책확인

Text

1. The Plaintiff’s guarantee obligation against the Defendant amounting to KRW 23,000,000 and interest or damages for delay.

Reasons

1. Judgment on the plaintiff's claim

A. On March 30, 2005, C borrowed KRW 23,000,00 from the Defendant, and the Plaintiff jointly and severally guaranteed the above loan claims against the Defendant. 2) The Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court Decision 2009Hau7494 (7494) (2) and was granted immunity on July 27, 2010, and its immunity became final and conclusive on August 11, 2010.

3) At the time of filing an application for bankruptcy and exemption, the Plaintiff did not enter the Defendant’s joint and several liability claims against the Plaintiff in the list of creditors. 4) Meanwhile, on March 5, 2015, the Defendant filed a lawsuit against the Plaintiff seeking performance of KRW 23,00,000 of the joint and several liability obligations as stated in the said paragraph (1) (Seoul District Court Branch Branch Branch Branch Decision 2015No4872). The said lawsuit was pending by service, and was finalized around October 27, 2015, and became final and conclusive around that time. [In the absence of any dispute over the grounds for recognition, each entry in the evidence Nos. 1 through 4, and the purport of the entire pleadings.

B. Where a decision to grant immunity to a debtor is confirmed, the debtor is exempted from all of his/her obligations to the bankruptcy creditor (Article 566 of the Debtor Rehabilitation Act). According to the above facts, barring any special circumstance, the defendant's joint and several several liability claims arising before the bankruptcy is declared against the plaintiff constitute bankruptcy claims, and the plaintiff's joint and several liability obligations were exempted upon the decision to grant immunity of the case

2. Defendant’s assertion and judgment thereon

A. The defendant's assertion that the effect of immunity does not extend to the defendant's claim, since the plaintiff knew of the defendant's obligation to the defendant at the time of applying for bankruptcy and immunity and omitted it in the creditor list in bad faith.

B. According to Article 566 Subparag. 7 of the Debtor Rehabilitation Act, “a claim that is not entered in the list of creditors in bad faith” refers to the obligor’s awareness of the existence of an obligation against a bankruptcy creditor before immunity is granted.