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1. The defendant shall pay to the plaintiff 114,766,89 won and 78,819,504 won among them. From August 1, 1999 to June 21, 2003.
Reasons
1. In full view of the overall purport of the pleadings in the statement No. 1 and No. 5 of the judgment as to the cause of the claim, the facts in the separate sheet can be acknowledged (hereinafter “the Plaintiff’s claim against the Defendant”) and the Defendant is liable to pay the Plaintiff the money as set forth in Paragraph 1 of the Disposition.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the defendant was declared bankrupt and exempted from liability. Since the plaintiff's claim for the transferee fee also remains effective, the plaintiff's claim cannot be accepted.
As to this, the plaintiff asserts that the decision on immunity of this case does not extend to the claim of this case, since the defendant knew the existence of the claim of this case in bad faith and omitted from the list of creditors.
B. (1) Determination (1) “Claims in bad faith and not entered in the list of creditors” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed to enter it in the list of creditors. Thus, when the debtor 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 debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if the debtor was negligent in failing to enter it in the list of creditors.
The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, that creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, Article 564 of the Act is prescribed.