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(영문) 제주지방법원 2017.06.08 2016가합11697
면책확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 28, 2012, the Plaintiff asserted bankruptcy and application for immunity rendered by Jeju District Court Decision 2012Hadan547 and 2012Ha546 on September 28, 2012, the Plaintiff was declared bankrupt on September 5, 2013, the Plaintiff was granted immunity on October 16, 2013, and the decision of immunity became final and conclusive around that time.

Since the plaintiff did not neglect the obligation against the defendant in bad faith from the creditor list, the decision of immunity also has the effect of immunity on the defendant.

Therefore, all obligations such as the principal of the indemnity liability against the Defendant, the interest thereon, and damages for delay, etc. were exempted.

2. According to the statement of evidence No. 1 in the board, it is recognized that the Defendant subrogated for the Plaintiff’s joint and several liability obligations from February 15, 2012 to February 22 of the same month, and that the total amount of the Defendant’s subrogated obligation constitutes 1,035,589,446.

According to the statements in Gap evidence 2 and Eul evidence 3, according to the plaintiff's bankruptcy and application for immunity, the plaintiff is granted immunity and the decision becomes final and conclusive, as alleged by the plaintiff.

The debtor who has obtained the discharge shall be exempted from all of his obligations to the bankruptcy creditors, except for the distribution by the bankruptcy procedures.

However, the obligor is not exempt from liability for the claim not entered in the list of creditors in bad faith.

"Claims that are not entered in the list of creditors in bad faith by the debtor" refers to cases where the debtor knows the existence of obligations to the bankruptcy creditor before the decision of immunity is made but is not entered in the list of creditors.

According to the statement Eul evidence No. 2, the defendant filed a lawsuit against the plaintiff et al. on April 6, 2012 against the plaintiff et al., the Seoul Central District Court 2012Kadan503984 (hereinafter referred to as "litigations such as indemnity, etc."), and ② even at the time of September 28, 2012 when the plaintiff filed a bankruptcy and application for immunity, the above lawsuit continued, and the defendant received the notification of the date of pleadings such as indemnity, etc. on September 14, 2012, immediately before the bankruptcy and application for immunity was filed.

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