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1. The defendant's order for the payment of loans No. 2012 tea 5012 against the plaintiff is based on the original order for the payment of loans to the plaintiff.
1. Facts of recognition;
A. The Defendant asserted that, under the Plaintiff’s joint and several sureties’s joint and several sureties, the repayment date was set on November 10, 1998 and the loan amounting to KRW 15 million lent on November 10, 1997 (hereinafter “the loan bond of this case”) and filed an application for payment order with the Plaintiff and C as the Jeonju District Court 2012 tea5012. On October 2, 2012, “the Plaintiff (the debtor in the case of the above payment order application, in the case of the above payment order application, the creditor in the case of the above payment order) and C jointly and severally received an order to pay the amount of KRW 15 million annually from September 25, 2012 to November 9, 2012 to KRW 20% annually, and the payment order became final and conclusive as of December 14, 2012.”
B. On the other hand, around November 8, 2007, the Plaintiff filed a bankruptcy and application for immunity with the Jeonju District Court 2007Da4131 and 2007Hadan4131. At the time, the list of creditors submitted by the Plaintiff to the above court did not indicate the instant loan claims.
C. On April 17, 2009, the Plaintiff received a decision from the above court to exempt the Plaintiff, and the decision to grant immunity became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination:
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "the debtor who has obtained immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if such claims are not entered in the list of creditors of the application for immunity, the bankruptcy claims shall be exempted from the effect of immunity unless they fall under any subparagraph of the proviso of Article 566 of the same Act. < Amended by Act No. 10183, May 13, 2010>