Text
1. The plaintiff's obligation to the defendant 7,744,299 won and damages for delay and the amount of provisional payment shall be the obligation to the defendant.
Reasons
1. The fact that the Plaintiff filed an application for bankruptcy and immunity with the Jeonju District Court Decision 201Da27222, 2011Hadan2722, and was granted immunity on April 18, 2013, and the fact that the obligation under Paragraph (1) of the Disposition against the Defendant was omitted in the list of creditors of the decision to grant immunity does not conflict between the parties.
2. In a case where a decision to grant a discharge to a debtor becomes final and conclusive, the debtor is exempt from all of his/her obligations to the bankruptcy creditor (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, according to the above-mentioned facts, a decision to grant discharge becomes final and conclusive, barring any special circumstance, and thus, the plaintiff's above
In this regard, the defendant argued that the plaintiff did not exempt the plaintiff from the liability pursuant to subparagraph 7 of the proviso of the above provision because the plaintiff did not have the defendant's claim in bad faith, but there is no evidence
If so, the plaintiff's claim is justified.