면책확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On December 1, 2008, the Plaintiff filed an application for individual rehabilitation with the Changwon District Court 2008Da19360, and completed repayment according to the repayment plan according to the individual rehabilitation procedure for five years after obtaining authorization decision on July 24, 2009, and filed an application for immunity on May 29, 2014.
B. The Plaintiff jointly and severally guaranteed the debt owed to the foreign exchange bank by the Plaintiff, and the said debt owed to the foreign exchange bank was finally transferred to the Plaintiff via Tents Loan Co., Ltd., and Yangyang Social Co., Ltd.
C. At the time of filing an application for individual rehabilitation, the Plaintiff omitted the obligation against the Defendant by negligence, but the effect of the exemption would reach the effect of the exemption if it is not intentional. Therefore, the Plaintiff’s obligation against the Defendant was exempted.
2. Determination: (a) the proviso to Article 625(2) of the Debtor Rehabilitation and Bankruptcy Act and Article 625(2)1 of the same Act stipulate that a claim not entered in the list of individual rehabilitation creditors shall not be exempted from liability (i.e., exemption from liability relating to bankruptcy). Therefore, the Plaintiff’s claim is without merit in itself.
3. The plaintiff's claim is dismissed.