청구이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 29, 2014, the Defendant filed an application with the Plaintiff, etc. for a payment order claiming payment of KRW 108,226,60, and expenses for demanding the payment of KRW 166,70,00 for the attempted interest on a loan, the obligation to pay KRW 108,226,60, and the payment order was issued on May 12, 2014, and became final and conclusive on August 14, 2014.
On December 30, 2014, when the Plaintiff was liable for multiple debts, the Plaintiff’s bankruptcy was at the bottom of 4136 of the District Court at the time of the bankruptcy, and the court at the same time applied for immunity as at December 21, 2016 and became final and conclusive as at December 21, 2016.
[Grounds for recognition] Unsatisfy, Gap 1-4, the purport of the whole pleadings
2. Determination
A. At the time of filing an application for bankruptcy or exemption, the Plaintiff omitted it on the list of creditors because it was unaware of the existence of obligations against the Defendant due to a large number of obligations and health deterioration.
If the plaintiff knew about the above obligation in normal state, there is no reason to omit it.
The Plaintiff’s obligation against the Defendant was too old even before 22 years ( September 23, 1995), and determined that there was no problem since the Defendant applied for bankruptcy or exemption even when the payment order that the Defendant applied to the Plaintiff was in progress. If the Defendant entered the omitted claim in the creditors list, it would not change whether to permit the application for bankruptcy or exemption.
The Plaintiff did not recognize the importance of preparing a list of creditors at the time of bankruptcy or exemption due to the lack of legal knowledge as a general person, and was under aviation cancer treatment after the cancer surgery occurred on April 2012.
Considering these points, since the plaintiff did not enter the debt of this case in the creditor list in bad faith, the plaintiff's debt to the defendant is exempted from the immunity decision.
(Article 566 of the Debtor Rehabilitation and Bankruptcy Act). The plaintiff's payment order becomes final and conclusive.