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(영문) 서울동부지방법원 2021.01.12 2020가단115225
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 32,300,298 and KRW 27,482,90 from March 23, 2010 to April 2010.

Reasons

1. Determination on the cause of the claim

A. The Defendants are jointly and severally liable to pay to the Plaintiff 32,300,298 won (the remaining principal amount of KRW 27,482,903 plus KRW 4,817,395) and 27,482,903 out of the total amount of KRW 27,482,903 from March 23, 2010 to April 22, 2010, with 15% per annum from the next day until March 13, 2020, the delivery date of the original copy of the instant payment order, and 20% per annum from the next day to the date of the delivery of the original copy of the instant payment order, barring any special circumstance.

B. Defendant C did not have an obligation to repay the amount to the Plaintiff since it was decided to grant immunity. The Plaintiff asserted that Defendant C’s claim against Defendant C constitutes a non-exclusive liability claim under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, since it was known that it had an obligation to the Plaintiff at the time of applying for immunity and did not enter it in the list of creditors.

Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim by a debtor in bad faith not entered in the list of creditors" means a case where the debtor knowingly knows the existence of an obligation against the bankrupt creditor before immunity is granted, but fails to enter it in the list of creditors. Thus, if 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-face-to-face-to-face-to-face-to-face-to-face-to-face-be claim

Even if it is a non-faced claim as provided in the above provision.

and not consistent with the facts.

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