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(영문) 전주지방법원 2020.11.06 2019가단23482

면책확인

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the claim

A. On May 3, 2018, the Plaintiff filed a declaration of bankruptcy and application for immunity (hereinafter “instant immunity”) on August 31, 2018 and the decision to grant immunity on April 16, 2019 (hereinafter “instant decision to grant immunity”). The fact that the Defendant’s decision to grant immunity becomes final and conclusive on May 1, 2019, and that the balance of the Defendant’s loan claim amounting to KRW 7,793,000 on April 27, 2015, and interest and delay damages thereon (hereinafter “instant claim”) do not conflict between the parties.

B. As to the Plaintiff’s claim for property arising from the cause before the declaration of bankruptcy and seeking confirmation of exemption from the Plaintiff’s liability due to the instant immunity, the Defendant asserted that the instant claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, since the Plaintiff was aware of the existence of the instant claim and did not enter it in the list of creditors in bad faith.

“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. As such, when an obligor was unaware of the existence of an obligation, even if he/she was negligent in not aware of the existence of the obligation, it does not constitute non-exempt claims under the same Act, but if the obligor was aware of the existence of an obligation, it constitutes non-exempt claims under the same Act even if the obligor was negligent

The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors is not entered in the list of creditors.