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(영문) 서울중앙지방법원 2015.09.15 2014가단187523
대여금
Text

1. The plaintiff, the defendant A, C, D, and E are jointly and severally 108,226,600 won, and the defendant A, D, and E are jointly and severally 1,00,000 won.

Reasons

1. The facts in the separate sheet of claim as to the cause of claim are deemed to have been led to confession as the above Defendants did not clearly dispute this between the Plaintiff and the Defendants A, B, C, and E, and the Plaintiff and the rest of the Defendants are recognized by Gap 1.

2. Determination as to Defendant F’s exemption

A. Defendant F asserted that Defendant F’s joint and several debt of this case against the Plaintiff was exempted by the court’s decision on immunity, and that the Plaintiff intentionally omitted the joint and several debt of this case in the list of creditors of the above decision on immunity, and thus, the effect of the said decision on immunity does not extend.

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" as one of non-exempt claims. In this case, "a claim that is not entered in the list of creditors in bad faith" 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 where the obligor was unaware of the existence of an obligation, even though he was negligent in not knowing the existence of the obligation, it does not constitute non-exempt claims under the above provision. In this case, the obligor's bad faith with respect to the omission of the claim shall be determined by taking into account all the circumstances, such as the details of the claim omitted, the relation between the obligee and the obligor, the relationship between the obligor and the obligor, the obligor's vindication of the circumstances surrounding the omission, and whether the obligor'

(See Supreme Court Decision 2010Da49083 Decided October 14, 2010 (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). The fact that Defendant F was determined upon grant of immunity on July 10, 2013 (hereinafter “instant immunity”).

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