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(영문) 의정부지방법원포천시법원 2015.12.17 2015가단128

청구이의

Text

1. The acquisition amount of the Promotion Savings Bank Co., Ltd. to the Plaintiff is the District Court of Macheon-si, 2016 Ghana 20131.

Reasons

1. Basic facts

A. The promotional mutual savings bank, Inc., filed a lawsuit against the Plaintiff on the claim for acquisition money (2006 Ghana20131), and the decision on performance recommendation was finalized upon receiving the decision on performance recommendation.

B. On March 3, 2015, the Plaintiff was declared bankrupt by the District Court 2013Hadan3694, and was granted a decision to grant immunity by the District Court 2013Ma3697, and the said decision to grant immunity became final and conclusive.

C. The list of creditors submitted by the Plaintiff in the above immunity case is not included in the Defendant due to the Plaintiff’s mistake or negligence.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. At the time of the Plaintiff’s list of creditors, the Plaintiff entered the content of the instant debt at the time of the Plaintiff’s list, but the name of the creditor was the same as “di Asset Management Loan Co., Ltd.,” and reported “di Asset Management Loan (State)” to another company corporate as a corporate body, which previously used the trade name as “di Asset Management Loan Co., Ltd., a transferee of the instant claim. This was made due to an error or clerical error, and the exemption was made by decision of immunity, and thus, compulsory execution based on the decision of performance recommendation

B. The list of creditors submitted by the Plaintiff in the case of immunity was omitted by mistake or negligence even though the Plaintiff knew of the existence of the Defendant’s obligation, and thus, the Plaintiff is not exempted from the obligation of this case.

3. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even though an obligee’s entry is omitted in the list of creditors submitted at the time of filing an application for discharge, all obligations owed to creditors whose entry is omitted shall be exempted, provided, however, that the obligor shall not be exempted only if he/she acted in bad faith in the omission

In this case, the plaintiff, who is the debtor, has been granted immunity.