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(영문) 광주지방법원해남지원 2020.02.21 2019가단1753
구상금
Text

1. Within the scope of the property inherited from the net F to the Plaintiff

A. Defendant B: 36,198,715 won and 12,363.

Reasons

1. Each fact in the separate sheet changed in the judgment on the cause of the claim does not conflict between the parties, or can be recognized by comprehensively taking into account the entire purport of the pleadings as to Gap evidence Nos. 1, 2 (including serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3. Thus, within the scope of the property inherited from the networkF to the plaintiff, Defendant B is liable to pay damages for delay calculated at the rate of 12% per annum as to the agreed interest rate or 12,363,723 won from August 6, 2019 to the day of full payment, and damages for delay calculated at the rate of 24,132,47 won from each of the above 8,242,482, and damages for delay calculated at the rate of 12% per annum per annum from August 6, 2019 to the day of full payment.

2. Determination as to Defendant B’s exemption and defense

A. On May 11, 2007, Defendant B was granted immunity by the Gwangju District Court 2006Da3515 on May 11, 2007. At that time, Defendant B did not enter the Plaintiff’s claim for indemnity in the list of creditors.

[Grounds for recognition] Entry B-3-2 of evidence No. 3-2, purport of the whole pleading

B. 1) The parties’ assertion 1) The instant indemnity claim obligation against the Plaintiff by Defendant B against the Plaintiff is the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

(2) The instant indemnity obligation against the Plaintiff was not discharged under the main sentence of Article 566 (proviso) 7 of the Debtor Rehabilitation Act.

C. “Claims 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 knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter the same in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation.

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