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(영문) 대구지방법원김천지원 2016.01.20 2015가단6780
면책 확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant and the guaranteed amount of KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

B. The Plaintiff failed to repay the loan to the Hansan Saemaul Bank. The Defendant subrogated for KRW 5,090,570 on June 9, 2010, and the total amount of subrogated payment based on July 9, 2010 is KRW 5,006,841.

(hereinafter “instant amount of indemnity”). C.

On February 26, 2010, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court No. 1469 and 2010Hadan1469 on October 27, 2010, and the decision of immunity became final and conclusive on November 11, 2010. The Plaintiff did not enter the obligation of indemnity in the list of creditors during the bankruptcy and immunity procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff did not pay the instant indemnity amount by negligence at the time of filing an application for bankruptcy and exemption from liability, and thus, the Plaintiff’s obligation to pay indemnity amount against the Defendant was exempted.

B. Article 566 subparagraph 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

As such, the list of creditors.

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