보증채무금
1. The defendant shall pay 273,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Indication of claims: To be as shown in the attached Form;
[Ground for Recognition: Facts without dispute, described in Gap 1 through 7 (including paper numbers)]
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion and the Defendant’s husband B applied for individual rehabilitation to the Incheon District Court around March 2013.
At that time, B, as the principal obligor of the instant debt, did not indicate that the Defendant was a guarantor for the instant debt.
For the above reasons, the defendant omitted the plaintiff in the list of creditors when applying for individual rehabilitation. Thus, the plaintiff's filing a claim for the deposit of this case to the defendant is contrary to the principle of good faith.
B. According to the reasoning of the evidence Nos. 1 and 2 and the purport of the entire pleadings, the Defendant may recognize the fact that the Defendant filed an application for individual rehabilitation with the Incheon District Court 2013 instances33427 on March 28, 2013, omitted the Plaintiff from the list of creditors, and the Defendant obtained a decision to authorize the repayment plan from the above court on March 10, 2014, without omitting the list of creditors.
On the other hand, with respect to the exemption of claims omitted in the list of creditors, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “for bankruptcy immunity, an obligor shall not be exempt from liability for claims not entered in the list of creditors in bad faith (Article 566 subparag. 7 of the Act),” while, in the case of individual rehabilitation immunity, the Act provides that “for claims not entered in the list of creditors in the list of creditors, the obligor shall not be exempted from liability for claims not entered in the list of creditors” (Article 566 subparag.
(Article 625(2)1 of the Act and Article 582 and Article 625(2)1 of the Act and Article 81(1) of the Rules on Debtor Rehabilitation and Bankruptcy, even if a commencement decision is made in the case of individual rehabilitation procedures, claims not entered in the list of creditors by the time when the repayment plan is authorized are subject to limitation in the procedure.