면책확인
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. From March 31, 2015, the Plaintiff is registered as the representative director of C (hereinafter “instant company”) from March 31, 2015 to the present date.
B. Around June 2016, the Plaintiff, while operating the instant company, was pressured by its partners’ fraud, economic depression, etc., and filed an application for individual bankruptcy and exemption under 2994 at the Incheon District Court 2016 294 at the end of 2016, June 2016, and at the end of 2016 at the end of 2016, the Plaintiff filed an application for individual bankruptcy and exemption from immunity with the said court on March 14, 2017, and was granted a decision of bankruptcy from the said court on December 26, 2017.
(c)
On April 9, 2015, the instant company obtained a loan of KRW 120,00,000 from the Defendant as collateral for D vehicles under the name of the instant company. The Plaintiff jointly and severally guaranteed the said loan obligations of the instant company. The said loan obligations were repaid every month, and the remaining loan obligations on June 8, 2020 are the principal amount of the loan and KRW 31,698,390.
(d)
The defendant was omitted from the list of creditors of the above bankruptcy and exemption cases.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 1 to 4, the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendant’s above loan claims constitute bankruptcy claims as property claims arising from the cause before the Plaintiff’s bankruptcy declaration, and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Defendant’s above loan claims against the Defendant pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debt Rehabilitation Act”) shall be deemed exempted.
B. 1) The defendant asserts to the effect that since the plaintiff did not state his claim for the above loan on the creditor list in bad faith, the above claim constitutes a non-examined claim as stipulated in Article 566 subparagraph 7 of the Debtor Rehabilitation Act.
"Claims that are not entered in the list of creditors in bad faith by the obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation Act means claims before immunity is granted by the obligor.