beta
Text
1. The defendant shall pay 136,00,000 won to the plaintiff and 20% per annum from March 1, 2008 to the day of complete 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, the defendant is obligated to pay to the plaintiff 136,00,000 won (=216,000,000 won - 80,000,000 won) due under the above mediation protocol and 20% of the agreed damages for delay from March 1, 2008 to the date of full payment, which is the day following the defendant's final payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that the defendant's obligation against the plaintiff was exempted because he received bankruptcy and exemption decision.
As to this, the plaintiff asserts that the above obligation is not exempted because the defendant knew of the existence of the above obligation prior to the above decision of exemption, but 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 was negligent in not knowing the existence of an obligation, it does not constitute a non-exempt claim under the same Act. However, if an obligor was aware of the existence of an obligation, even if he did not enter it in the list of creditors