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1. As to KRW 51,506,372 and KRW 24,020,546 among the Plaintiff, the Defendant shall start from December 1, 2014 to April 17, 2015.
Reasons
1. In full view of the respective descriptions of evidence Nos. 1 through 3 and the overall purport of the pleadings as to the cause of the claim, the facts as to the cause of the application in the separate sheet: Provided, That the creditor shall be deemed the plaintiff and the debtor as the defendant.
and there is no reflective evidence.
As to this, although the Defendant was declared bankrupt and became final and conclusive upon the Defendant’s decision of immunity, the Defendant asserts that the Plaintiff did not enter the Plaintiff’s list in the obligee’s list despite being aware of the fact that the Plaintiff had filed an application for bankruptcy and exemption, and thus, the Defendant was also exempted from the obligation of this case under the proviso of Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the above Act”).
According to Article 566 of the above Act, the obligor who has been exempted shall be exempted from all of the obligations to the bankruptcy creditors except the distribution by bankruptcy proceedings.
However, the following claims shall not be exempted from liability:
7. Claims not entered in the list of creditors in bad faith by the obligor: Provided, That the same shall not apply if the obligee has become bankrupt;
"Claims that are not entered in the list of creditors in bad faith" refers to the cases where an obligor is aware of the existence of a claim before immunity is granted and fails to enter it in the list of creditors.
The reason for excluding the claim that is not entered in the list of creditors is not only deprived of the opportunity for creditors to promote fairness in the procedure of immunity by raising an objection to the exemption within the procedure of immunity, but also the permission of immunity without any objective verification procedure of the reason for non-permission of immunity stipulated in Article 564 of the Act, and finally becomes final and conclusive, the debtor is not liable for the repayment of the obligation in principle.