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1. Revocation of a judgment of the first instance;
2. The defendant shall be jointly and severally and severally with C and D to KRW 10,000,000 and the plaintiff shall be jointly and severally liable for the damages.
Reasons
1. Facts of recognition;
A. On March 2, 2004, the Plaintiff (the name at the time was “E,” but thereafter, the name was changed to “A”) agreed to receive an amount calculated by the rate of 0.08% per day with respect to the principal as compensation for delay when lending KRW 10,000,00 to C on September 2, 200 and on September 2, 2004 (hereinafter “instant loan”). The Defendant and D jointly and severally guaranteed the Plaintiff’s above loan obligation to C at the time of the instant loan.
B. On July 28, 2006, the Defendant filed an application for bankruptcy and discharge with the Seoul Central District Court No. 22810, 2006, 2006, and 24258, the Defendant was declared bankrupt on October 12, 2006 by the above court and the decision of discharge became final and conclusive around that time upon receiving a decision of discharge on October 7, 2008 from the above court. The Defendant did not enter the loan claim in the list of creditors in the above bankruptcy and discharge case.
C. On April 7, 2016, the Plaintiff received an order to pay 10,00,000 won, jointly and severally, to the Plaintiff from July 10, 2006 to June 29, 2007, 64.8% per annum; 30% per annum from the next day to June 10, 2014; and 25% per annum from the next day to the date of full payment; and with respect to C and D, the payment order became final and conclusive on April 29, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, 7, 22, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) With respect to the Plaintiff’s seeking the payment of the principal and interest of the instant loan, the Defendant asserts to the effect that the instant loan was not intentionally omitted in the course of bankruptcy and exemption, but has an effect of immunity on the instant loan claims. 2) The obligor as referred to in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act has not been entered in the list of creditors in bad faith.