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(영문) 부산지방법원 2018.10.30 2018가단307286
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 123,850,358 and KRW 56,261,90 among them, from January 17, 2018 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. There is no dispute between the parties as to each fact in the separate sheet of claim

(E) The single creditor shall be the plaintiff and the debtor shall be the defendant).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 123,850,358 won and 56,261,906 won, which is the principal, to the plaintiff, 24% per annum from January 17, 2018 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant's obligation against the plaintiff was exempted because he was declared bankrupt and exempted from immunity.

On this issue, the plaintiff asserts that the above debt does not be exempted because the defendant knew of the existence of the above debt prior to the above decision of immunity and did not enter it in the list of creditors at the time of the bankruptcy application.

B. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

According to Article 566 subparagraph 7 of the same Article, an obligor who has been granted immunity shall be exempted from all obligations to any bankruptcy creditor except dividends pursuant to bankruptcy procedures, but the obligor shall not be exempted from the liability for claims not entered in the list of creditors in bad faith.

“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter the same in the list of creditors. Therefore, when an obligor was unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of an obligation, it does not constitute a non-exempt claim under the same Act even if he/she was negligent in not knowing the existence of an obligation. However, if an obligor was aware of the existence of an obligation,

As such, the list of creditors shall not be entered.

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