양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The Peace Bank Co., Ltd. entered into a credit card contract with the defendant; the plaintiff received a credit card payment claim through the Korea Financial System Specialized Asset-Backed Limited Company; the Korean Financial System Specialized in Asset-backed Securitization Co., Ltd. notified the defendant of the transfer of the above credit on or around October 7, 2004; the defendant's credit card payment balance is KRW 9,339,400 (the principal amount is KRW 2,897,234) before July 2, 2009; and the interest rate for delay is 20% per annum. Thus, barring special circumstances, the defendant is liable to pay the plaintiff the acquisition amount of KRW 9,339,40 and delay damages.
2. Judgment on the defendant's defense
A. The Defendant asserted that, at the time of immunity on October 6, 2011, the Plaintiff omitted the Plaintiff’s claim to the creditor list, but did not intend but negligently, and thus, the Plaintiff’s obligation to the Plaintiff was also exempted.
B. In full view of the overall purport of the evidence presented, the Defendant filed an application for bankruptcy and immunity with the Suwon District Court Decision 2010Hadan7743, 2010Ma7743, Oct. 6, 2011, and the decision of immunity became final and conclusive at that time. 2) Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “The obligor who received immunity shall be exempted from the responsibility for all obligations to the bankruptcy creditors except for dividends under the bankruptcy procedure,” and Article 566 of the same Act provides that “The obligor shall not be exempted from the liability for all obligations to the bankruptcy creditors except for dividends under the bankruptcy procedure: Provided, That the obligor shall not be exempt from the liability for any of the following claims.”
"Claims that are not entered in the list of creditors in bad faith by an obligor" under subparagraph 7 of Article 566 of the Act means claims against bankruptcy creditors before immunity is granted.