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1. The Plaintiff’s principal and interest of 5,049,500 won and damages for delay against the Defendant.
Reasons
1. Facts of recognition;
A. On August 16, 1995, the Plaintiff entered into a bank credit card membership agreement with the Seoul Bank Co., Ltd. (former Han Bank Co., Ltd.) and used the credit card.
On June 27, 2003, Han Bank Co., Ltd. transferred all the claims against the Plaintiff, including the principal amount of KRW 5,049,500 and its interest and delay damages, to the Specialized Company for the Primary Asset-Backed Securitization, and notified the Plaintiff of the fact of transferring the claims on July 14, 2003.
Around December, 2010, the Defendant acquired the above bonds in succession through the management of Drown Asset and the management of Drown Asset.
B. After receiving a ruling of adjudication of bankruptcy by Suwon District Court 2012Hadan5650, the Plaintiff was granted immunity in Suwon District Court 2013Ma5650 on July 30, 2013 and became final and conclusive around that time. At the time, the Plaintiff omitted the Defendant’s claim on the list submitted by the Plaintiff at the time.
【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1 through 3, Eul’s evidence 1 through 5, the purport of the whole pleadings
2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a property claim arising from a cause prior to the declaration of bankruptcy against a debtor is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from all liabilities to a bankruptcy creditor except dividends arising from the bankruptcy procedure. As seen earlier, the Defendants’ claims are bankruptcy claims arising from the cause prior to the declaration of bankruptcy against the plaintiff, and the decision of permission of discharge against the plaintiff became final and conclusive, barring any special circumstance, the plaintiff is exempted from liability
The defendant asserts that the exemption does not extend to the defendant since the plaintiff did not enter the defendant's claim in the list of creditors in bad faith.
Therefore, the burden of proof for the debtor's bad faith is accordingly.