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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 17, 2012, the Defendant filed a lawsuit claiming the payment of KRW 24,282,470 of the price of goods against D and D, a representative director of which the Plaintiff and D are the Plaintiff, as the Jung Government District Court Decision 2012Ga19062, and the conciliation was concluded as follows on May 30, 2012:
(hereinafter “instant conciliation”) 1. The Plaintiff and D shall jointly and severally pay to the Defendant KRW 24,00,000,000, and shall be paid KRW 3,000,000 by the end of each month from July 2012 to February 2013. If the Plaintiff and D delays the payment of the said installment at least twice, the payment shall lose the benefit of time, and shall immediately pay to the Defendant the remainder of the installment and penalty, KRW 3,00,000,000, and damages for delay at the rate of KRW 20 per annum from the date of loss of benefit to the date of full payment.
2. The defendant shall waive the remaining claims.
3. The costs of lawsuit and the costs of mediation shall be borne by each person;
B. The Plaintiff paid the Defendant a total of KRW 2,500,000,000 on August 2, 2012, and KRW 500,000 on September 2, 2012, upon the repayment of the instant liquidation amount, only KRW 2,50,000,00 to the Defendant. D did not fully pay the said liquidation amount.
However, on July 23, 2014, the Plaintiff did not enter the instant adjustment debt in the list of creditors when filing a bankruptcy and application for immunity with the Daejeon District Court Decision 2014Hadan1858 (2014 Do1859) (the Daejeon District Court) on July 23, 2014, and the decision became final and conclusive around October 31, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, Eul evidence 4, the purport of the whole pleadings
2. The assertion and judgment
A. On July 2014, the Plaintiff asserted that the Defendant’s claim for the instant conciliation payment against the Plaintiff was omitted from the Plaintiff’s list of creditors due to an error in the circumstance where the Plaintiff’s claim was imminent due to the strong debt collection by multiple creditors.
Therefore, the Defendant’s claim for the instant adjustment amount is stipulated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).