면책확인의 소
1. Ascertainment that the Plaintiff’s obligation in the separate sheet against the Defendant was exempted.
2. The costs of lawsuit shall be individually counted.
Basic Facts
As of September 6, 2018, the Plaintiff bears the obligation to pay a loan of KRW 132,315,936 and interest of KRW 33,645,48 to the Defendant as of September 6, 2018.
(A) On June 25, 2008, the Plaintiff was liable for the above obligation under the loan agreement, and thereafter, it is unclear that the Defendant appears to have received the above obligation, or that the Defendant possessed the above obligation against the Plaintiff (hereinafter “instant claim”). On October 11, 2011, the Plaintiff filed a bankruptcy and application for immunity with the District Court Decision 201Hau4208, 201, 201, 4202, on April 23, 2015, the District Court of the Republic of Korea (hereinafter “instant exemption exemption”). The exemption procedure was determined on May 8, 2015.
On the other hand, the Plaintiff did not enter the claim of this case in the creditor list at the time the immunity decision of this case was made.
[Ground of recognition] Fact that there is no partial dispute, and according to the facts established prior to the determination of the grounds for a claim as a whole, it is reasonable to view that the instant claim constitutes a bankruptcy claim arising prior to the declaration of bankruptcy under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
Therefore, upon the decision to grant immunity of this case, the Plaintiff’s liability for the instant claim was exempted pursuant to Article 566 of the Debtor Rehabilitation Act.
As long as the defendant contests the validity of the above immunity, there is a benefit to seek confirmation from the plaintiff.
The plaintiff alleged the defendant's assertion was aware of the existence of the claim of this case, but omitted the claim of this case in the list of creditors at the time of application for exemption.
Therefore, in accordance with the proviso of Article 566 subparag. 7 of the Debtor Rehabilitation Act, the effect of exemption does not extend to the instant claim.
. Determination.