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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and therefore, it refers to the grounds for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. (i) Defendant B and C’s assertion by the parties (i) obtained immunity from the Defendants and the effect of such immunity is limited to the amount of obligations under each of the instant agreements, and thus, the instant lawsuit is unlawful as there is no benefit of protection of rights.
B and C did not enter the Plaintiff’s claim in the creditor list in bad faith at the time of application for immunity. Thus, the Defendants’ liability is not exempted in relation to the debt amount stated in each of the instant notes, notwithstanding the above immunity exemption.
B. (i) According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act ("the Debtor Rehabilitation and Bankruptcy Act"), a debtor who has been granted immunity is exempted from all liabilities to a bankruptcy creditor except dividends pursuant to bankruptcy proceedings. However, in exceptional cases, such as claims not entered in the creditor list in bad faith, etc., the debtor does not grant immunity. Here, the "claim" refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the creditor list in the creditor list. Thus, if 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 non-exempt claim even if the debtor was unable to enter it in the creditor list by negligence if he knew of the existence of the obligation.
The reason why the claim that is not entered in the list of creditors is excluded from the scope of immunity.