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(영문) 대전지방법원 2015.04.01 2014가단39548
면책확인
Text

1. The Plaintiff’s obligation to Defendant B, KRW 579,870, and obligation to Defendant C Food Co., Ltd. 1,958,800 and this.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) Defendant B received from the Plaintiff a payment order for the claim for the price of goods under this Court No. 2007 tea512, and as of December 16, 2013, the outstanding principal is KRW 579,870.

(2) Defendant Croin Food Co., Ltd. (hereinafter “Defendant Croin Food”) received a recommendation of performance against the Plaintiff as Seoul Central District Court 2005 Ghana5625 on the claims for the payment of goods. As of September 18, 2014, the balance of the claims is KRW 1,958,800.

(3) The Plaintiff filed a bankruptcy and application for immunity with this Court Nos. 2014Hadan1003 and 2014da1006. On June 25, 2014, the decision of immunity became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, the purport of the whole pleadings

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides, “The exempted debtor shall be exempted from the responsibility for all of his obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure.”

Therefore, according to the above facts of recognition, the defendants' claims were exempted from the plaintiff's responsibility according to the immunity decision as bankruptcy claims, and the plaintiff has a benefit to seek confirmation.

2. Determination as to the assertion of Defendant Crops

A. As to the assertion of Defendant Croin food, the Plaintiff asserts that the liability shall not be exempted because it omitted the description in the list of creditors at the time of application for bankruptcy and immunity, although the Plaintiff knew of the existence of the claim for the payment of goods.

B. "Claims that are not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. The obligor's bad faith is determined.

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