구상금
1. The defendant's KRW 47,00,000 for the plaintiff and 5% per annum from August 9, 2005 to November 10, 2006.
1. In addition to the purport of the argument as to the cause of the claim Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant with Jeonju District Court Branch of 2006Kadan4282, and the above court rendered a judgment on December 22, 2006 that "the defendant shall pay to the plaintiff 47 million won and the amount calculated at the rate of 5% per annum from August 9, 2005 to November 10, 2006, and 20% per annum from the next day to the date of full payment (hereinafter "the judgment of this case"). The above judgment becomes final and conclusive on January 11, 2007, and the plaintiff filed a lawsuit against the defendant for the interruption of the above claim against the defendant.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 47,000,000 won with 5% per annum from August 9, 2005 to November 10, 2006, and 20% per annum from the next day to the day of full payment, to the day of full payment.
2. Judgment on the defendant's defense
A. After the judgment of this case became final and conclusive, the Defendant applied for bankruptcy immunity and the decision to grant immunity became final and conclusive. Although the Defendant omitted the Plaintiff’s claim as prescribed in the judgment of this case at the time of the application for discharge, it was merely omitted by the Defendant’s failure to know the existence of the above claim, the Defendant was also exempted from the above claim
B. As stated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, “a claim which is not entered in the list of creditors in bad faith” refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. Therefore, if the debtor was unaware of the existence of an obligation, he/she was negligent in not knowing the existence of the obligation.