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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) entered into a credit card use agreement with the Defendant on July 27, 2012, and issued and used a credit card by the Defendant. On January 25, 2014, around January 25, 2014, the Defendant was liable for the credit card payment amounting to KRW 13,242,052 (hereinafter “instant credit card payment obligation”).
B. Meanwhile, as a joint representative director of B, the Plaintiff jointly and severally guaranteed the instant credit card payment obligation that B would have to bear against the Defendant at the time of issuance of the said credit card by the Defendant.
C. B filed an application for corporate rehabilitation with the Seoul Central District Court No. 2014hap49 on March 7, 2014, but the bankruptcy procedure is in progress as Seoul Central District Court No. 2014Hahap108 on August 23, 2014 upon receipt of the rehabilitation discontinuation decision.
On the other hand, on July 11, 2014, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “application for immunity”) with the Seoul Central District Court No. 2014Hadan7069 and 2014Ma7069 on July 11, 2014, separately from the application for corporate rehabilitation in B, and finally received a final decision of immunity on January 20, 2015, and the said decision of immunity became final and conclusive on February 5, 2015.
E. At the time of the application for bankruptcy and exemption of the instant case, the Plaintiff stated that ten creditors, including the guaranteed debt against B in the list of creditors, bear the total amount of KRW 9.3 billion, but did not enter the credit card payment obligation against the Defendant in the list of creditors.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings
2. The plaintiff asserted that the credit card payment obligation of this case is not entered in the creditor list in good faith at the time of the application for bankruptcy and exemption from liability, and thus, the plaintiff asserts that the credit card payment obligation of this case was exempted from liability and sought exemption from liability.
As to this, the defendant, at the time of the bankruptcy and exemption of this case.