대여금등
1. The part against Defendant C among the instant lawsuit is dismissed.
2. The defendant A and B shall be jointly and severally liable.
1. According to each of the evidence Nos. 1 and 2 as to the claim against Defendant A and B, the Plaintiff filed a lawsuit against the Defendants for a loan claim with the court 2004Kadan164033, and this court rendered a judgment on August 12, 2004 that “the Defendants jointly and severally paid KRW 33,796,889 to the Plaintiff,” and the above judgment can be acknowledged as having become final and conclusive.
Therefore, Defendant A and B are jointly and severally liable to pay KRW 33,796,889 to the Plaintiff.
2. According to the evidence No. 1 of the judgment as to the claim against the defendant C, the above defendant filed an application for bankruptcy or immunity with the Chuncheon District Court 2009Hadan251, 2009Ma251, 2009Ma251, and received the adjudication of bankruptcy and exemption, and the decision of immunity became final and conclusive, and the above defendant may recognize the omission of the claim of the plaintiff in the list of creditors at the time of filing the application for bankruptcy and exemption as above.
Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The obligor granted immunity shall be exempt from all obligations owed by the above Defendant to the Plaintiff according to the above decision on immunity, except for the distribution under the bankruptcy procedure.” Thus, barring any special circumstance, barring any special circumstance, the above Defendant’s obligation owed to the Plaintiff was exempted.
In this regard, the plaintiff asserts that the above defendant did not exempt the above defendant from liability in accordance with Article 566 subparagraph 7 of the Act, since the above defendant had maliciously omitted the claim of this case against the above defendant in the creditor list of bankruptcy and exemption procedures.
However, there is no evidence to prove that the above defendant did not enter the claim of this case in the creditor list in bad faith. Thus, the judgment of this court 2004da164033 was finalized when the above defendant was located in a foreign country, the claim amount in the creditor list is KRW 6,900,081,049, and most of the claims of this case are A guaranteed liability company, and the claim of this case is also A guaranteed obligation.