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(영문) 수원지방법원성남지원 2016.05.25 2015가단34207
구상금 등
Text

1. The Defendant’s KRW 158,115,143 to the Plaintiff, as well as 5% per annum from June 11, 2011 to October 22, 2015.

Reasons

1. Determination on this safety defense

A. The Plaintiff’s assertion that the Defendant was declared bankrupt and exempted from liability for the claim for indemnity amount (hereinafter “the claim for indemnity amount”) against the Defendant, which was subrogated by the Defendant to the New Savings Bank from January 28, 2011 to June 1, 2011.

(A) The plaintiff asserts that the defendant had failed to report his claim in bad faith during the exemption procedure.

B. (1) Determination 1) In other words, a property claim that occurred before the debtor is declared bankrupt, namely, a bankruptcy claim, is subject to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

In principle, when immunity on the debtor becomes final and conclusive in accordance with the main sentence of Article 566, all of the responsibility is extinguished and the right to file a lawsuit and the executive force of ordinary claims are lost.

However, under the proviso of Article 566 (7) of the Debtor Rehabilitation Act, “a claim that is not entered in the creditors’ list in bad faith,” is not exempt from liability. The term “a claim that is not entered in the creditors’ list” in this context refers to the case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the creditors’ list. Thus, when the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the same Act. However, if the debtor was aware of the existence of an obligation, even if he did not enter it in the creditors’ list by negligence, it constitutes

This is not recorded in the list of creditors.

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