beta
Text
1. The Plaintiff’s KRW 4,882,273 against the Defendant and interest thereon and damages for delay have been discharged.
Reasons
1. Facts of recognition;
A. On November 16, 2010, the Plaintiff borrowed 5 million won from the New Savings Bank (hereinafter “New Savings Bank”) at an interest rate of 27.9%, respectively, and received a loan from the Plaintiff at an interest rate of 27.9% from May 20, 201.
B. On October 29, 2013, Nonparty Bank was declared bankrupt by the Seoul Central District Court (2013Hahap161), and the Defendant was appointed as the bankruptcy trustee.
C. Meanwhile, on March 8, 2016, the Plaintiff was granted a decision to grant individual bankruptcy and immunity under the Daegu District Court Decision 2015Hau2781, 2015Ma2781, and the said decision to grant immunity became final and conclusive on March 23, 2016.
[Reasons for Recognition] Gap evidence 1, Eul evidence 1, 3, the purpose of the whole pleading
2. The assertion and judgment
A. The plaintiff asserts that when applying for exemption from bankruptcy, the defendant's claim is known to have been transferred to K&C, and the creditor was prepared as K&C Co., Ltd. and the decision of exemption was granted. The plaintiff asserts that the defendant, after the decision of exemption from immunity became final and conclusive, urged the plaintiff to fulfill his obligation, and that the effect of the above decision of exemption from immunity extends to the defendant's obligation against the defendant.
In regard to this, the defendant did not notify the defendant of the change of address one month prior to the time the plaintiff received a loan from the non-party bank, but did not notify the non-party bank of the change of address, and did not receive a demand for installment payment, and did not enter the defendant in the list of creditors and omitted the defendant's claim in bad faith. Therefore, the effect of the above decision on immunity does not extend to the defendant's claim.
B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides for “Claims not entered in the list of creditors in bad faith,” one of non-exempt claims.
"Claims not entered in the list of creditors in bad faith by the debtor" shall be made by the debtor.