청구이의
1. The payment order issued by the Suwon District Court (Seoul District Court) rendered on April 25, 2013 by the Defendant against the Plaintiff was issued by the Suwon District Court (Seoul District Court) No. 3188.
1. Facts of recognition;
A. On April 25, 2013, the Defendant issued a payment order (the case number: the case number: the Suwon District Court, the Suwon District Court, the 2013 Jeonwon District Court, the 3,793,433 won for the Plaintiff and the damages for delay, and the said payment order was finalized on August 24, 2013.
(hereinafter “instant debt”). B.
The Plaintiff’s decision to declare and abolish bankruptcy on December 24, 2014 from the Cheongju District Court, and the decision to grant immunity on March 9, 2015 (case number: Cheongju District Court 2014Hadan190, 2014 190) became final and conclusive on March 24, 2015.
C. The plaintiff did not enter the defendant in the list of creditors of the above bankruptcy case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “A debtor who has been exempted from bankruptcy shall be exempted from all obligations to bankruptcy creditors except dividends under the bankruptcy procedure,” and Article 566 of the same Act provides, “A debtor shall be exempted from all obligations to the bankruptcy creditors, except for dividends under the bankruptcy procedure.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, he/she shall be exempted from liability with the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Examining the existence of the debt of this case at the time of the application for bankruptcy and exemption and the existence of the debt of this case was not entered in the list of creditors with knowledge thereof, there is no dispute, the court is significant fact, evidence as seen earlier, evidence as seen earlier, circumstances that can be acknowledged in accordance with the overall purport of pleading, namely, the Plaintiff submitted the list of claims of creditors including D and D, the Plaintiff 27.