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1. The defendant is 5% per annum from August 29, 2008 to January 29, 2015 to the plaintiff.
Reasons
1. On February 28, 2008, the Plaintiff leased KRW 30 million to the Defendant on August 28, 2008, setting the due date for reimbursement of KRW 30 million.
(hereinafter “instant debt”). On November 19, 2009, the Defendant: (a) filed an application for immunity for personal bankruptcy and immunity with the Busan District Court Decision 2009Da5169 and the Busan District Court Decision 2009Hadan5162 on June 28, 201; (b) was declared bankrupt on June 28, 201; and (c) was granted immunity on August 30, 201 and the said immunity became final and conclusive on September 15, 201.
However, the above bankruptcy or exemption was not stated in the list of creditors submitted at the time of the above bankruptcy or exemption.
[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. The Defendant is obligated to pay the Plaintiff the loan amounting to KRW 30 million and damages for delay, barring special circumstances.
B. The defendant's defense that he/she was exempted from the discharge, and the fact that the defendant was confirmed to be granted immunity on August 30, 201 is as seen earlier.
C. However, the plaintiff asserts that the debt of this case is not exempt, since the defendant knew of the existence of the debt of this case at the time of applying for bankruptcy or exemption and did not enter it in the list of creditors in bad faith.
"Claims that are not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means cases where a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.
If a debtor was unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of the obligation, it does not constitute non-exempt claims as prescribed in the above provision, but otherwise, if the debtor was aware of the existence of the obligation, it constitutes non-exempt claims as prescribed in the above provision, even if the debtor did not enter it in
This is not recorded in the list of creditors.