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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 360,524,458 and KRW 357,740,282 from September 17, 2013 to January 31, 2016.
Reasons
1. According to the facts that there is no dispute between the parties and Gap evidence Nos. 1 to 7 of the judgment on the cause of the claim, each of the reasons for the claim in the separate sheet is recognized
According to the above, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 360,524,458 (the amount of subrogated payment of KRW 357,740,282, the additional guarantee fee of KRW 2,736,246,246) and the amount of subrogated of KRW 357,740,282, the amount of subrogated payment of KRW 12% per annum under the agreement from September 17, 2013 to January 31, 2016; KRW 10% per annum under the agreement from the following day to October 12, 2018; and KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to Defendant A’s assertion
A. On December 19, 2013, Defendant A filed bankruptcy and application for immunity on December 19, 2013, and obtained immunity from the court on August 31, 2015 (U.S. District Court Decision 2013Hadan8561, 2013da8561, 2013da8561). Defendant A asserts that the above obligation against the Plaintiff should be exempted, as it omitted the Plaintiff’s obligation from negligence in the list of creditors of the bankruptcy and exemption case.
B. “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter the same 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 non-exempt claims under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes non-exempt claims under the above provision even if the obligor was negligent in not knowing
The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors is not entered in the list of creditors.