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1. The Plaintiff’s acquisition amount of KRW 6,635,650 (the principal as of June 16, 2017) against the Defendant and interest thereon, and delay damages.
Reasons
1. Basic facts
A. On June 16, 2017, the Defendant acquired the claim for loans from C Co., Ltd. (hereinafter “C”) against the Plaintiff.
B. On November 1, 2017, the Plaintiff filed an application for bankruptcy and immunity with the Cheongju District Court No. 2017Hau747 and 2017Ma747, and the decision to grant immunity from the said court on April 24, 2018 (hereinafter “instant decision to grant immunity”) became final and conclusive on May 9, 2018.
C. The list of creditors presented by the Plaintiff in the exemption case No. 2017.747 does not indicate the Defendant’s claim for the transfer money.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above findings of recognition as to the cause of the claim, barring any special circumstance, the Plaintiff’s obligation to the Defendant is exempted due to the determination of the decision to grant immunity of this case.
B. As to the Defendant’s argument, the Defendant: (a) borrowed the instant claim from November 1, 2017, which was the date of the application for exemption from liability, from November 1, 2017 to C; and (b) sent the information on the amount in arrears to C and the Defendant continuously, who is the original creditor, to the Plaintiff; (c) the Plaintiff asserts to the effect that exemption from liability is not recognized, since the Plaintiff was aware of the obligation in arrears; (d) Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor’s claim that was not entered in the creditors’ list in bad faith does not be exempted from liability despite exemption from liability; and (e) “the obligor’s claim that was not entered in the creditors’ list in bad faith” refers to the case where the obligor was aware of the existence of the obligation against the bankruptcy creditor prior to exemption from liability, and thus, if the obligor was unaware of the existence of the obligation.