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1. The Plaintiff’s principal amount of the transferred money to the Defendant is 12,220,250 won and interest thereon and damages for delay.
Reasons
1. Facts of recognition;
A. The Plaintiff was liable for the principal amount of KRW 12,220,250 as well as the damages for delay thereof (hereinafter “instant obligation”) against Daewoo Capital Co., Ltd., and the said loan claims were transferred to the Defendant on October 31, 2012 via the Treatment Investment.
B. The Plaintiff was declared bankrupt by filing a petition for bankruptcy with the Gwangju District Court 2016Hadan221, and was granted decision on July 14, 2017 by the same court 2016Ma2221, and the decision on immunity was finalized on July 29, 2017.
(hereinafter “instant bankruptcy and exemption”) C.
The Plaintiff did not enter the instant debt in the list of creditors when filing the instant bankruptcy and application for immunity.
[Ground of recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 1 (including a tentative number), the purport of the whole pleadings
2. Determination
A. The gist of the party’s assertion argues that the Plaintiff was exempted from the liability for the instant obligation by the decision on immunity, and the Defendant asserts that the Plaintiff constitutes non-exempt claims, since the Plaintiff did not enter claims against the Defendant in the list of creditors in bad faith.
B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the obligor was negligent
As such, a claim that is not entered in the list of creditors.