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(영문) 의정부지방법원 2019.09.24 2018가단136655

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As of September 24, 2008, conciliation was concluded in the case in which the Defendant filed a claim against the Plaintiff against the Plaintiff.

B. On June 5, 2017, the Plaintiff was granted immunity from the Incheon District Court.

(2016.3622) Evidence Nos. 1, 2, and 3

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that immunity is granted should be excluded in accordance with the above conciliation protocol.

B. "Claims that are not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Thus, if an obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provisions of the same Act even if the obligor was negligent in not knowing the existence of the obligation, but if the obligor was negligent in failing to enter it in the list of creditors, it constitutes a non-exempt claim under the above provisions of Article 566 subparagraph 7 of the same Act. Whether the obligor's bad faith with respect to preparation of the list of creditors that do not conform to the facts is determined by fully considering the purport of subparagraph 7 of the above Article 566 of the same Act, the determination shall not be made by taking into account all the circumstances such as the obligor's defense of the obligee and the obligor, the relationship between the obligor and the obligor, and the obligor's objective materials.