beta
(영문) 서울중앙지방법원 2016.08.26 2016가단51598

면책확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 2010, the Plaintiff entered into a monetary loan agreement with the Defendant and received a loan from the Defendant.

As of April 1, 2016, the balance of the loan is KRW 15,582,627 (= Principal KRW 2,882,628).

(hereinafter “instant loans”). (b)

On January 6, 2015, the Plaintiff: (a) was declared bankrupt on June 9, 2015; (b) was granted immunity on January 4, 2016 (hereinafter “instant immunity exemption”); and (c) was finalized on January 19, 2016; and (d) the Plaintiff did not enter the Defendant’s claim for the loan of this case in the list of creditors.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1-5 (including each number), the purport of the whole pleadings]

2. Determination:

A. The parties’ assertion that the Plaintiff omitted the claim for the instant loan in the creditor list in the course of the bankruptcy and application for immunity, but asserts that the Plaintiff’s obligation against the Defendant was exempted by the immunity decision of this case, since it did not have been maliciously omitted due to negligence.

As to this, the defendant asserts that the decision of immunity in this case does not extend to the claim of this case, since the plaintiff had been aware of the existence of the claim of this case in bad faith and omitted from the list of creditors.

B. 1) Determination of the relevant legal doctrine and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).

"Claims that are not entered in the list of creditors in bad faith" under Article 566 (7) 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. Therefore, if an obligor is unaware of the existence of an obligation, he/she is negligent in not knowing such fact.