beta
Text
1. The defendant's decision against the plaintiff is based on the Seoul Central District Court 201Gaso17682 claim amount.
Reasons
1. Facts of recognition;
A. On March 17, 2010, the Plaintiff borrowed KRW 10 million from the Industrial Bank of Korea, and the Defendant guaranteed the Plaintiff’s above obligation.
B. On May 13, 2011, the Plaintiff was unable to repay the above debt, and the Defendant subrogated to the Industrial Bank of Korea on June 23, 201, and filed a lawsuit against the Plaintiff on June 23, 2011 as the court 201Da177682, and the Defendant was sentenced to a favorable judgment on November 24, 201 through service by public notice.
C. On July 6, 2011, the Plaintiff filed bankruptcy and application for immunity with the Suwon District Court No. 201Hadan5707, 2011 and 5707. The Plaintiff stated the Bank’s loan claims on the list of creditors, and did not state the Defendant’s claim for reimbursement.
After being declared bankrupt, the Plaintiff was granted immunity on August 2, 2012, and the decision to grant immunity became final and conclusive on August 17, 2012.
[Reasons for Recognition] Evidence Nos. 1 to 9, Evidence No. 1 to 1, and the purport of the whole pleadings
2. The assertion and judgment
A. As above, it can be recognized that immunity has become final and conclusive. Accordingly, barring any special circumstance, the Plaintiff’s liability for the above obligation against the Defendant is exempted.
B. As to this, the Defendant asserted to the effect that the Plaintiff did not enter the above claims in bad faith in the course of bankruptcy and application for immunity, the above claims constitute “claims not entered in the creditor registry in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus excluded from the scope of immunity.
The term “claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy 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, he/she is so aware.