대여금
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. Determination as to the cause of claim
A. On March 9, 2011, the New Savings Bank Co., Ltd. borrowed 3.5 million won to the Defendant at a rate of 44% per annum. On August 11, 2016, the principal of the loan as of August 11, 2016 is KRW 3,430,660, overdue interest is KRW 7,367,947.
(2) On October 29, 2013, New Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee on the same day.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,798,607 (i.e., KRW 3,430,660 (= KRW 7,367,947) and damages for delay calculated by the rate of 27.9% per annum that the Plaintiff seeks within the scope of the agreed rate from August 12, 2016 to the date of full payment.
2. The defendant's assertion argues that the defendant was declared bankrupt and granted immunity, and that the plaintiff's claim of this case was also exempted since the defendant omitted the plaintiff's claim in the creditor list by negligence not intentional but negligent at the time.
Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The obligor who has been exempted shall be exempted from the responsibility for the whole amount of the obligation to the bankruptcy creditors except for the distribution under the bankruptcy procedure: Provided, That the liability for the following claims shall not be exempted: Provided, That Article 566 of the Act provides that “The obligor shall not be exempted from the liability for the whole amount of the obligation to the bankruptcy creditors” and Article 566 of the same Act provides that
"Claims that are not entered in the list of creditors in bad faith" under subparagraph 7 of Article 566 of the Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, the existence of an obligation exists.