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(영문) 부산지방법원 2020.01.15 2019가합45087

면책확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 18, 2003, the Defendant entered into a credit guarantee agreement with B Co., Ltd. (the husband C of the Plaintiff was registered as the representative director; hereinafter “B”), setting the amount of security deposit of KRW 170,000,000, and the guarantee term of March 18, 2004 with respect to B’s loan obligations to the Industrial Bank of Korea, and the Plaintiff jointly and severally guaranteed the Defendant’s obligations under the said credit guarantee agreement.

B. B caused a credit guarantee accident caused by a natural body on October 3, 2003. On January 16, 2004, the Defendant subrogated for KRW 173,957,041 (i.e., the principal of the loan amount of KRW 170,000,000,000) to the Bank.

C. Since then, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court (In Incheon District Court No. 2018, No. 10, No. 2018Hadan10) and granted immunity on January 21, 2019. The said decision became final and conclusive on February 8, 2019.

(hereinafter “instant decision to grant immunity”)

D. Meanwhile, the list of creditors submitted by the Plaintiff to the above court at the time did not include the liability for indemnity that the Plaintiff incurred as a result of the Defendant’s subrogation (hereinafter “instant liability”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff alleged that he did not know the existence of the debt of this case and did not enter it in the list of creditors.

Therefore, the instant debt is subject to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(i) does not constitute non-exempt claims provided for in section 566(7) of the Act.

Therefore, since the effect of the decision on immunity of this case is limited to the obligations of this case, the confirmation of immunity is sought.

3. Determination

A. “Claims not entered in the list of creditors in bad faith by the debtor” under Article 566 Subparag. 7 of the Debtor Rehabilitation Act is prior to immunity by the debtor.