구상금
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons for this part of the facts of recognition are as stated in the part of "1. Facts of recognition" among the reasons for the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff asserts that the defendant's liability is not exempted even if the repayment plan was approved in the individual rehabilitation procedure, since the plaintiff's claim for reimbursement based on the plaintiff's subrogation was not entered in the list of creditors of the individual rehabilitation procedure, and the defendant asserts that the defendant should be exempted since the plaintiff's claim for the participant bank is entered in the list of creditors of the individual rehabilitation procedure.
3. Determination
A. (1) Legal doctrine (1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that, in the case of bankruptcy immunity, the debtor shall not be exempted from liability with respect to any claim not entered in the list of creditors in bad faith (Article 566 subparag. 7); in the case of individual rehabilitation immunity, the debtor shall not be exempted from liability with respect to any claim not entered in the list of creditors (Article 625(2)1)); and in the case of individual rehabilitation immunity, the debtor who files an application for commencement of individual rehabilitation procedures is obligated to verify his/her own debt and prepare and submit the list of individual rehabilitation creditors (Article 589(2)1); however, there is no disadvantage for individual rehabilitation creditors to report individual rehabilitation claims or lose their rights due to nonperformance; and there is a decision to commence individual rehabilitation procedures.
In principle, litigation on individual rehabilitation claims shall not be suspended or prohibited (Article 600(1)3). (2) In addition, according to Article 582 and the proviso of Article 625(2)1 of the Debtor Rehabilitation Act and Article 81(1) of the Debtor Rehabilitation and Bankruptcy Act, even if there exists a commencement decision in the individual rehabilitation procedure, claims not entered in the list of creditors until the repayment plan is authorized.