채무부존재확인
1. Ascertainment that obligations such as the Plaintiff’s attached list against the Defendant have been discharged.
2. The costs of lawsuit shall be.
1. Basic facts
A. In around 2011, the Defendant acquired credit card payment claims from the Promotion Savings Bank Co., Ltd. (hereinafter “instant bonds”) against the Plaintiff, and received delegation of the authority to notify the assignment of claims, and notified the Plaintiff of the fact of the assignment of claims (it cannot be known whether the Plaintiff was actually in receipt of the notice), and as of August 6, 2014, the sum of principal and interest of the instant bonds as of August 6, 201 is KRW 20,542,369.
B. In around 2013, the Plaintiff filed a petition for bankruptcy with the Daegu District Court 2013Hadan5704, and filed a petition for immunity with the Supreme Court 2013Hadan5704, and received a decision to grant immunity on July 22, 2014 from the above court (hereinafter “instant decision to grant immunity”). At that time, the said decision to grant immunity became final and conclusive. The list of creditors submitted by the Plaintiff while filing the application for immunity was stated 14 claims (a total of KRW 129,063,822), but the claim of this case is not indicated.
C. On August 2014, the Plaintiff received a notice from the Defendant stating that “The Plaintiff will visit his residence before commencing the legal action based on the instant claim.”
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings
2. Determination
A. According to the Debtor Rehabilitation and Bankruptcy Act, the obligor, who has obtained the discharge, unless the obligor makes a claim not entered in the list of creditors in bad faith, shall be exempted from all of the obligations owed to the bankruptcy creditors, except for the distribution by bankruptcy proceedings.
B. As to this, the defendant asserts that the plaintiff's liability is not exempted since the plaintiff intentionally omitted the defendant's claims while filing an application for immunity.
"Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the same Act refers to 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.