면책확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 16, 2016, the Defendant filed an application against the Plaintiff for a payment order with the Daegu District Court 2016 tea1646, and the said court issued an order to pay the Plaintiff the payment of KRW 26,827,189 and KRW 4,590,798 as to KRW 29.9% per annum from February 5, 2016 to the date of complete payment, and the payment order was finalized on March 25, 2016.
(hereinafter “instant payment order”. B. The Defendant’s claim against the Plaintiff, which was recognized in the above payment order, is the “instant claim”).
On February 8, 2017, the Plaintiff was granted immunity by Daegu District Court 2016Da553, which became final and conclusive on February 23, 2017, but the list of creditors submitted by the Plaintiff was not indicated the Defendant’s claim against the Plaintiff based on the instant payment order.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the payment order procedure of this case was not known, and when immunity was granted, the Defendant did not enter the Defendant in the creditors list because he was unaware of the existence of the obligation of this case under the payment order of this case, and thus, the claim of this case does not constitute a claim that was not entered in the creditors list in bad faith by the obligor.
Therefore, the effect of the decision to grant immunity is limited to the claim of this case based on the payment order of this case, so the claim of this case was exempted.
B. (1) Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that even if immunity is determined, the liability shall not be exempted for “a claim not entered in the list of creditors in bad faith by the debtor.”
“Claims that are not entered in the list of creditors in bad faith” refers to claims before immunity is granted by the debtor.