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1. The Plaintiff’s principal amounting to KRW 9,662,969 as of July 16, 2015 and interest thereon, and damages for delay are owed to the Defendant.
Reasons
According to the purport of Gap evidence Nos. 1, 2, and 3, the plaintiff was declared bankrupt by the Incheon District Court 2007Hadan10939, Jun. 27, 2008, and was granted immunity by the Incheon District Court 2007Ma1096, Jun. 27, 2008, and the plaintiff was liable for the repayment of loans indicated in the order against the Promotion Savings Bank Co., Ltd. (the bankruptcy was declared and the defendant was the bankruptcy trustee) before the bankruptcy is declared. According to the above facts of recognition, the defendant's claim against the plaintiff is a bankruptcy claim and is exempted by the above immunity decision.
The defendant asserts that the promotion savings bank corporation filed a lawsuit against the plaintiff by the Incheon District Court 2008da324074, and the decision of execution was confirmed. The plaintiff filed an application for the specification of property under Incheon District Court 2009Kao346, which was known that the defendant's claim was known, and the defendant was omitted in bad faith in the creditor list when the petition for bankruptcy was filed in bad faith. However, the above decision of execution recommendation became final and conclusive on December 2, 2008, which was after the decision of execution recommendation was made on December 2, 2008, and the decision of property specification was made around 2009, and it cannot be deemed that the plaintiff was omitted in the creditor list in bad faith even though the plaintiff knew the defendant
The plaintiff's claim is accepted.