청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts as follows as the cause of the claim of this case.
In other words, the fact that he did not enter the defendant's claims in the list of creditors at the time he was granted immunity by Suwon District Court 2016Hun-941 on May 29, 2017 is merely a mere fact, not by bad faith. Thus, the defendant's claims based on the executive title stated in the purport of the claim against the plaintiff are also exempted and compulsory execution based on the executive title stated in the purport of the claim should not be allowed.
The term "claim which is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, and thus, if the debtor was unaware of the existence of an obligation, he/she does not constitute a non-exempt claim under the above provision even if he/she was negligent in not knowing the existence of the obligation. However, if the debtor was aware of the existence of an obligation, even if he/she did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under the above provision, even if the debtor was negligent in not knowing
(2) On October 14, 2010 (see Supreme Court Decision 2010Da49083, Oct. 14, 2010). However, in light of the overall purport of the pleadings in the evidence Nos. 1 and 2, the Plaintiff is issued with a certificate of debt for filing a petition for bankruptcy against the Defendant’s claim on September 24, 2014, and on November 10, 2014, upon filing an application for individual rehabilitation with the Suwon District Court 2014Da104815, the said claim was entered in the creditors’ list, and upon the closure of the said individual rehabilitation procedure on January 12, 2016, the Plaintiff filed a petition for bankruptcy and application for immunity with the Suwon District Court on March 4, 2016, and then received a certificate of debt for filing a petition for individual rehabilitation against the Defendant’s claim on September 26, 2016.