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 on this safety defense
A. The defendant's defense is asserted that the decision to grant immunity to the defendant is final and conclusive when the plaintiff sought the return of the loan against the defendant as the trustee in bankruptcy of the Solomon Savings Bank (hereinafter " Solomon Savings Bank").
B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”) provides that an obligor granted immunity is exempted from all obligations to any bankruptcy creditor except dividends pursuant to bankruptcy procedures. Meanwhile, Article 566 of the same Act provides that an obligor is “a claim not entered in the creditors’ list in bad faith,” and Article 566 Subparag. 7 of the same Act provides that an obligor is “a claim not entered in the creditors’ list as part of non-exempt claims.” Since a obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, a claim not entered in the creditors’ list is deemed a non-exempt claim even if the obligor was not recorded in the creditors’ list by negligence, if
(See Supreme Court Decision 2010Da49083 Decided October 14, 2010). C.
Judgment
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the Defendant filed a bankruptcy and application for immunity with the Incheon District Court 2012Hau423, 2012 and 4419, and received from the above court a ruling of bankruptcy on November 27, 2012 and a ruling of immunity on June 28, 2013, and the above ruling of immunity becomes final and conclusive on July 13, 2013.
However, comprehensively taking account of the overall purport of the arguments in the statement No. 1, No. 3-1, and No. 2, the Defendant, as the primary debtor for the loans deemed to be set forth in the following Paragraph 2, has made installment payments five times until September 15, 201, and the Defendant’s list of creditors submitted while filing an application for immunity and bankruptcy on July 31, 2012, does not include Solomon Savings Bank as the creditor.