청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts as follows as the cause of the claim of this case.
In other words, it is merely practical that he did not enter the defendant's claims in the list of creditors at the time he/she is granted immunity on March 24, 2017 by Cheongju District Court No. 2015, 1006, not by bad faith. Therefore, he/she is also exempted from the defendant's claims stated in the purport of the claim against the plaintiff, and compulsory execution based on the executive title stated in the purport of the claim should not be permitted.
Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the creditors' list in bad faith by an obligor" means a case 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 creditors' list. Thus, in a case where the 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 provision, but if the obligor was aware of the existence of an obligation, even if he did not enter it in the creditors' list by negligence, it constitutes a non
(See Supreme Court Decision 2010Da49083 Decided October 14, 2010). However, in light of the overall purport of the pleadings in the statement No. 1 (including the serial number) as set forth in the Evidence No. 1 (including the branch number), the Plaintiff may be recognized as having received a certificate of debt (debt) from the Defendant on April 5, 2016 after submitting an application for bankruptcy and exemption to the Cheongju District Court. Thus, it is reasonable to deem that the Plaintiff did not add the above claim to the creditor list even though he knows the existence of the Defendant’s claim at the time of the bankruptcy and exemption.
Therefore, the above claim of the defendant is not entered in the list of creditors in bad faith by the debtor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.