면책확인의 소
1. The principal based on this Court Decision 2007Gauri69387, which the Defendant had against the Plaintiff, and the principal amounting to KRW 2,359,240.
1. The facts of recognition are as follows: (a) the Plaintiff filed a lawsuit claiming damages against the Plaintiff and C on May 24, 2012, seeking payment of KRW 5,480,59, and damages for delay; (b) the Plaintiff filed a lawsuit claiming payment of damages against the Plaintiff and C on November 21, 2012, and filed a petition for bankruptcy and application for immunity with the court on November 24, 2012; (c) the bankruptcy was declared by this court on November 24, 2013; and (d) the Defendant received a decision to grant exemption on May 6, 2013; and (d) the list of creditors attached at the time of the decision to grant exemption was not included in the list of creditors; and (e) the Defendant filed a lawsuit claiming payment of damages against the Plaintiff and C on March 7, 2007, with the court on November 21, 2011, and partly ordered payment of damages for delay from the said court on which the judgment was rendered in favor of each of the parties.
2. The plaintiff's assertion did not know the existence of the defendant's claim in this case even though he made best efforts to identify the creditor through the credit information inquiry, etc. at the time of bankruptcy and exemption. Thus, the plaintiff's claim in this case is exempt from the liability by the effect of the above immunity decision.
3. Determination
A. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been granted immunity shall be exempted from the liability for the whole amount of an obligation to a bankruptcy creditor, except for any distribution under the bankruptcy procedures: Provided, That the debtor shall not be exempted from the liability for damages caused by a tort committed by himself/herself, which is caused by his/her gross negligence by a debtor, for damages caused by a tort against another person's life or body (subparagraph 3), and for any claims not entered
Meanwhile, the obligor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is maliciously.