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(영문) 인천지방법원 2018.05.18 2017가단41421

면책확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty 2 filed a lawsuit against the Defendant and Nonparty 2 regarding the claim for reimbursement. In the above lawsuit, the Incheon District Court rendered a recommendation of execution that “The Defendant and Nonparty 2 jointly and severally paid to the Plaintiff 4,463,00 won and the amount equivalent to 5% per annum from February 29, 2008 to the date of delivery of a copy of the complaint, and 20% per annum from the next day to the date of full payment.”

B. The above decision of performance recommendation was served on May 29, 2008 on the defendant and the non-party B, and the defendant et al. did not raise any objection and became final and conclusive on June 13, 2008.

(hereinafter referred to as the "decision on recommendations for execution of this case").

After November 16, 2017, with respect to the claim amount case of the Incheon District Court 2008Gau184573, the succeeding execution clause was granted to the defendant, who is the successor of the Green Fire and Marine Insurance Corporation.

On the other hand, around January 201, the Plaintiff filed an application for individual bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Suwon District Court 201Hadan513, 201Hau, 511,513. At the time of the application, the Plaintiff did not state the green fire, marine insurance company or the Defendant in the list of creditors at the time of application.

E. On February 13, 2012, in the bankruptcy of the instant case and the application procedure for immunity, a decision to grant immunity was rendered against the Plaintiff, and the said decision to grant immunity became final and conclusive on February 28, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of filing an application for bankruptcy and exemption, the Plaintiff asserts that the effect of immunity against the Plaintiff extends to the Defendant, even though it did not enter the Defendant in the list of creditors in bad faith, as it did not appear in the list of creditors in the process of setting up the list of creditors at the time of filing an application for bankruptcy and exemption.

B. (i) The obligor under Article 566(7) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) is in bad faith in the list of creditors.