beta
Text
1. The Plaintiff’s principal amounted to KRW 2,92,060 against the Defendant as Seoul Central District Court Decision 2009Da120227.
Reasons
1. Basic facts
A. The defendant filed a lawsuit against the plaintiff as this court 2009 Ghana120227, and the above court rendered a judgment on March 18, 2009 that "the plaintiff shall pay to the defendant 9,972,498 won and 2,992,060 won with 18% interest per annum from November 6, 2008 to the date of full payment" and the above judgment became final and conclusive around that time.
(hereinafter referred to as the “instant claim”). B. The Defendant’s claim against the Plaintiff (hereinafter referred to as the “instant claim for acquisition by transfer”).
The Plaintiff (hereinafter “instant bankruptcy and application for immunity”) was declared bankrupt on July 20, 2015 by the Seoul Central District Court No. 2015Hau2249 and 2015Ma2249 (hereinafter “instant bankruptcy and application for immunity”), and was granted immunity on September 24, 2015 (hereinafter “instant immunity exemption”). The instant exemption exemption became final and conclusive on October 13, 2015, and the Plaintiff did not enter the Defendant’s claim for the instant exemption in the list of creditors.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The plaintiff asserted that in the course of the bankruptcy and application for immunity of this case, the claim of this case was omitted in the creditor list, but this is not maliciously omitted, and the plaintiff's obligation against the defendant was also exempted by the immunity decision of this case.
As to this, the defendant asserts that the decision of immunity of this case does not extend to the claim of this case, since the plaintiff knew the existence of the claim of this case in bad faith and omitted from the list of creditors.
3. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and the obligor is not required to enter the same in the list of creditors. Therefore, the obligor’s obligation exists.