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1. The defendant's Changwon District Court Decision 2006Gau84048 delivered on April 11, 2007 is based on the defendant's decision against the plaintiff.
Reasons
1. Facts of recognition;
A. In the case of loans against the Plaintiff rendered by the bankruptcy trustee of Changwon District Court 2006Gau84048, the court rendered a judgment ordering the Plaintiff to pay KRW 936,542 to the said Deposit Insurance Corporation and the damages for delay thereof on April 11, 2007, which became final and conclusive around that time after the original copy of the judgment was served on the Plaintiff by public notice.
(hereinafter “instant loan claim” and “instant judgment”). B.
On April 26, 2016, the Plaintiff received a decision to grant immunity (hereinafter “instant decision to grant immunity”) by the Daegu District Court 2015Da3350, and the said decision was finalized on May 11, 2016.
C. As above, the list of creditors submitted by the Plaintiff while applying for immunity did not indicate the instant loan claims.
[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has received immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim is exempted from its liability with respect to the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). According to the above facts recognized, according to the above facts, the loans of this case shall be in the list of creditors as bankruptcy claims: