대여금
1. All of the counterclaims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) shall be dismissed.
2. The costs of lawsuit shall be the principal lawsuit.
1. Basic facts
A. Busan District Court issued a payment order as stated in the purport of the claim on March 15, 2007 by Busan District Court Order No. 2007Da6098, and the above payment order was served on the defendant on March 29, 2007 and finalized on April 13, 2007.
B. Upon the Defendant’s application on April 22, 2009, the Busan District Court declared the Defendant bankrupt on July 8, 2009, under the order of 1849, 2009, 1856, and the decision of immunity was finalized on October 23, 2009, and the above decision of immunity became final and conclusive around that time. The list of creditors submitted by the Defendant at the time is omitted by the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 2
2. Determination
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be entitled to any property claim arising before bankruptcy is declared bankrupt,” and Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all obligations to bankruptcy creditors except for dividends under bankruptcy proceedings: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any of the proviso of Article 566 of the Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, the term “Immunity” in this context means that a debtor may not be forced to perform his/her obligations even if he/she
Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim that has been granted immunity would lose the ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). Meanwhile, “a claim that is not recorded in the list of creditors in bad faith by an obligor” under Article 566 Subparag. 7 of the Act means a debtor’s exemption decision.