물품대금
The judgment of the first instance shall be revoked.
The instant lawsuit is dismissed.
The total costs of litigation shall be borne individually by each party.
purport, purport, and.
1. Facts of recognition;
A. On December 18, 2012, the court of first instance rendered a judgment to serve a complaint, etc. on the defendant by public notice and to accept the plaintiff’s claim in whole by public notice.
(B) The plaintiff's claim recognized in the above judgment is "the claim of this case".
The defendant was declared bankrupt in the Daegu District Court 2014Hagu District Court 2977 immunity and 2014Hadan2977, and was granted immunity on October 16, 2015.
The decision to grant immunity became final and conclusive on October 31, 2015.
C. When filing an application for immunity, the Defendant did not enter the instant claim in the list of creditors.
[Ground of recognition] evidence Nos. 2, Eul's evidence No. 3, the court's significant facts, and the whole purport of oral argument
2. The Defendant asserts that: (a) the Defendant was granted immunity on October 16, 2015; and (b) the Defendant did not enter the Plaintiff’s claim in the creditor list but omitted the Plaintiff’s claim due to lack of knowledge of its existence.
Article 423 of the Debtor Rehabilitation and Bankruptcy Act (amended by Act No. 1021, May 13, 2010) provides, “The debtor who has been exempted shall be exempted from all of his/her obligations to the bankruptcy creditor, except dividends under the bankruptcy procedures,” and Article 566 of the same Act provides, “The debtor who has been exempted from liability shall not be exempted from all of his/her obligations to the bankruptcy creditor: Provided, That any of the following claims shall not be exempted from liability.” Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). The plaintiff’s claims in this case constitute
Although the Defendant did not enter the instant claims in the list of creditors when filing an application for immunity, the above claims are not included.