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1. The Plaintiff’s principal amounted to KRW 2,973,343 as of March 24, 2020, 2,633,151, overdue interest amounting to KRW 5,479,598.
Reasons
1. Facts of recognition;
A. On July 3, 2015, the Defendant acquired the Plaintiff’s contractual loan claims from D Co., Ltd. (hereinafter “Nonindicted Company”) on July 6, 2012. On March 24, 2020, the obligation as of March 24, 2020 includes the principal amount of KRW 2,973,343, 2,63, 151, 5,479, and 11,086,092 (hereinafter “instant obligation”).
B. On February 20, 2020, the Plaintiff filed a petition for adjudication of bankruptcy and exemption under the Incheon District Court Decision 2019Hau746, 2019Ma746, and was granted immunity (hereinafter “instant exemption exemption”). The said decision became final and conclusive on March 7, 2020.
C. The Defendant’s obligation against the Plaintiff was not indicated in the list of creditors of the above declaration of bankruptcy and exemption case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim, an obligor exempted from liability is exempted from all obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. According to the above acknowledged facts, the obligation of this case constitutes a property claim arising from a cause that occurred before the plaintiff is declared bankrupt and constitutes a bankruptcy claim. Thus, barring any special circumstance, the obligation of this case against the defendant of this case is exempted from liability upon the confirmation of the immunity decision of this case.
B. The defendant's assertion 1) The defendant asserts that the debt of the non-party company was recorded in the list of creditors at the time when the plaintiff filed an application for individual rehabilitation with the Incheon District Court 2014da63777 before, since the plaintiff is deemed not to be recorded in the list of creditors with knowledge of the existence of the debt of this case at the time of declaration of bankruptcy and application for immunity, the exemption of immunity on the debt of this case is not effective.