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1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution No. 2015 Chicago78, Jun. 2015
Reasons
1. On April 7, 1995, the defendant lent KRW 10 million to C as joint and several sureties, and the defendant did not receive payment. Accordingly, the defendant filed a loan case against C and the plaintiff (Seoul District Court Decision 2005Gaso694). The plaintiff was served on April 25, 2005 and decided on May 10, 2005.
The Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court No. 2008Hadan2910, 2008 2010, and 2008 2910, and was granted immunity on November 14, 2008, and the said immunity became final and conclusive on December 2, 2008.
However, the list of creditors submitted by the plaintiff while applying for immunity did not contain the defendant's claims.
[Reasons for Recognition] A, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 4 were written. 2. The plaintiff alleged that the plaintiff did not know of his/her debt because he/she was not directly subject to the decision of recommendation for performance of the loan case, and he/she was aware that all of the certified judicial scriveners who requested bankruptcy and exemption from liability were aware of his/her debt, and that his/her credit information inquiry was omitted in the creditor list.
Therefore, even if the defendant's claim is missing in the list of creditors, it is not effective to grant immunity, so it is sought to confirm it.
B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “A claim that is not entered in the list of creditors in bad faith by an obligor shall not be exempted from liability despite the bankruptcy decision.” Here, “a claim that is not entered in the list of creditors in bad faith by an obligor” means a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, if the obligor was unaware of the existence of an obligation, the obligor did not know of such fact.