면책결정의 확정과 채무재승인 약정의 효력 <대법원 2021. 9. 9. 선고 2020다269794 판결>

Abstract

For excessive debtors, a legal and institutional device was needed to help them lead a basically humane life by freeing them from the burden of debt and legal responsibility. Therefore, the modern bankruptcy law cancels the debtor's debt through bankruptcy immunity for certain debts. However, on the other hand, creditors will seek various means to recover debts that have already been discharged from bankruptcy proceedings. And a similar case has already been a problem in the United States. These attempts by creditors show an attempt to nullify the effect of the immunity from bankruptcy under the Bankruptcy Act by signing a contract to repay the discharged debts with the debtor, that is, by means of a debt re-approval agreement. The effect of the agreement between the creditor and the debtor to re-approve in relation to the debt after the discharge decision is made is not justified because it easily recognizes the repayment of the discharged debt for the purpose of the exemption system to promote the debtor's economic recovery. Therefore, this thesis focuses on recent Supreme Court precedents on the effect of bankruptcy immunity and debt re-approval agreements. In addition, we will compare and examine the views of the lower court and the Supreme Court on related issues, while examining the validity and problems of the debt re-approval agreement under the current law.