면책확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 23, 2017, in the case of bankruptcy and exemption against the Plaintiff (In Incheon District Court Decision 2014Hadan135, 2014Da135, 135, hereinafter “instant case of bankruptcy and exemption”), the decision became final and conclusive, and the Plaintiff omitted the Defendant’s claim in the list of creditors of the instant case.
(C) Facts that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings. The plaintiff seeks confirmation of exemption from liability against the defendant, if he did not know the existence of an obligation against the defendant and omitted in the creditor list.
2. If the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), even if the obligor failed to enter the same in the list of creditors by negligence.
(See Supreme Court Decision 2010Da49083 Decided October 14, 2010). Examining the fact that the head of Ansan Branch’s headquarters attached a debt details confirmation issued by the Plaintiff on August 14, 2013 in the records of the bankruptcy and exemption of the instant case (Evidence 1) in the records of the instant case, it is reasonable to deem that the Plaintiff was aware of the existence of the obligation against the Defendant at the time of filing an application for bankruptcy and exemption of the instant case, and thus, the Defendant’s claim does not constitute non-exempt claim under Article 566 subparag. 7 of the Act.
3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.