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1. The Defendant is jointly and severally with the Plaintiff, and the amount of KRW 45,722,03 and KRW 20,495,600, out of the above amount is KRW 45,72,03.
Reasons
1. Basic facts
A. On June 29, 200, the Agricultural Cooperatives Federation (hereinafter “CF”) entered into a loan transaction agreement with B Co., Ltd. (hereinafter “B”) with loans of KRW 100,000,000, and with the repayment date as of June 28, 2004. On the same day, the Defendant entered into a joint and several guarantee agreement with the NAF on the above loan obligations against B to the NAF.
B. B did not repay the loan upon the lapse of the above repayment date, and as of August 27, 2014, the balance of the loan and interest shall be as follows, and the current rate of delay damages shall be 15% per annum.
Principal KRW 20,495,600: Interest and delay damages; KRW 25,226,43 in total; KRW 45,722,03 in total;
C. On March 31, 2010, the National Agricultural Cooperative Federation transferred the above claims to the Plaintiff pursuant to Article 30 of the Act on the Structural Improvement of Agricultural Cooperatives, and notified it to B on May 12, 2010.
The defendant was granted immunity from the Suwon District Court on April 6, 2010.
(208.11231 Exemptions, 2008Hadan11232 Declaration of Bankruptcy). [Grounds for recognition] The facts of no dispute, Gap evidence 1 through 6, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the defendant raised a payment order against the defendant of the Daejeon District Court in the Daejeon District Court case No. 2005Gau7221, the defendant filed a written reply. The defendant did not enter the creditor's list in the creditor list even though he knew that the defendant's claim against the defendant of the NAF had been created before the above application for immunity was filed. Thus, it constitutes a case where the defendant did not enter the creditor list in bad faith.
B. The defendant's assertion that the defendant had been forgotten with the negligence of the existence of the agricultural cooperative debt, and is not recorded in the list of creditors in bad faith.
C. "Claims not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means claims against a bankruptcy creditor before immunity is granted.