Text
1. The Plaintiff’s obligation against the Defendant amounting to KRW 10,000,000 and interest and damages for delay.
Reasons
1. On April 12, 2011, the Plaintiff filed a petition for bankruptcy with the Jeonju District Court 201Hadan910, the application for immunity as the Jeonju District Court 201Hadan910, the Plaintiff filed a petition for immunity on November 11, 201 with the above court’s declaration of bankruptcy on November 11, 201, and the decision for immunity on December 9, 201 was finalized on December 27, 201, and the above decision for immunity became final and conclusive on December 27, 201, the Plaintiff did not enter the Defendant’s claim for the instant loan in the list of creditors in the bankruptcy and exemption
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings
2. The party’s assertion that the Plaintiff did not enter the existence of the instant obligation against the Defendant in the creditor list due to the failure to know the existence of the instant obligation against the Defendant before immunity was granted, and thus, even if the Plaintiff did not enter the instant obligation in the creditor list at the time of filing a petition for bankruptcy and application for immunity, the Plaintiff asserted that the instant obligation was exempted, and the Defendant asserted to the effect that, as the Plaintiff was aware of the existence of the instant obligation, the instant obligation constitutes “a claim not entered in the creditor list in bad faith,” as prescribed by Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DR”), and thus
3. According to the main sentence of Article 566 of the Debtor Rehabilitation Act, an obligor granted immunity is exempted from all obligations owed to any bankruptcy creditor except any distribution under the bankruptcy procedure. However, according to the main sentence of Article 566 subparagraph 7 of the Debtor Rehabilitation Act, “a claim not entered in the creditors’ list in bad faith is not exempt from the liability even if the obligor has obtained immunity.”
“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors.