Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, as the representative director of the Plaintiff Company B (hereinafter “B”), jointly and severally guaranteed the obligation under the operating lease agreement entered into between the Defendant 2 Capital Co., Ltd. (hereinafter “Defendant 2 Capital”) on November 29, 2007.
Accordingly, as of September 17, 2013, Defendant 200 won claims against the Plaintiff from September 17, 2013.
B. As of September 16, 2013, Defendant New Card Co., Ltd. (hereinafter “Defendant New Card Co., Ltd”) has KRW 10,754,909, other card loan claims against the Plaintiff and KRW 428,120,00 against the Plaintiff as of September 16, 2013.
C. On October 30, 2009, the Plaintiff filed a petition for bankruptcy with the Incheon District Court Decision 2009Hadan8646, and the above court’s application for immunity 2009Da8647, the Plaintiff was granted immunity from the above court on May 31, 201, and the above immunity became final and conclusive on June 15, 201.
The list of creditors submitted by the Plaintiff to the competent division in charge of the above bankruptcy and immunity cases is omitted.
[Ground for Recognition: Facts without dispute, evidence 1, 2, Gap 5 through 9, each entry with evidence 1 and 2, and the purport of the whole pleadings]
2. Determination
A. The plaintiff's assertion that the plaintiff did not enter the defendants in the creditor list by negligence in the above bankruptcy and exemption case. Thus, the defendants' above claims do not constitute a case where the plaintiff did not enter the creditor list in bad faith, and thus, the decision of immunity extends to the defendants' above claims.
B. (1) Determination is based on Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, which states that a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and that the debtor is not aware of the existence of an obligation. Thus, if the debtor was unaware of the existence of an obligation, he/she did not know of such fact.