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(영문) 전주지방법원 2018.05.10 2017나6354

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Nos. 16 to 4 of the judgment of the court of first instance shall be written in accordance with the following subparagraphs.

B. Determination 1 on the assertion that the Plaintiff’s claim has been entirely or partially extinguished due to individual rehabilitation, the Defendant asserts that “the former Jeju District Court 2008da12207, which performed the obligation according to the repayment plan authorized by the individual rehabilitation procedure,” and that “the Defendant’s negligence was omitted from the list of creditors’ personal rehabilitation creditors (hereinafter “instant list”) due to the Plaintiff’s intentional or gross negligence, or the Defendant’s intentional or gross negligence entrusted with the Defendant’s personal rehabilitation affairs, which was omitted from the list of creditors. Therefore, the Plaintiff’s claim is not the Defendant’s negligence, and even if not, the Defendant was exempted from the obligation.” (2) In the individual rehabilitation procedure, the effect of immunity is limited to the claim indicated in the list of creditors, and the effect of immunity is not effective, regardless of the obligor’s intention or negligence (Article 625(2)1 of the Debtor Rehabilitation and Bankruptcy Act) with respect to a claim that has not been entered in the list of individual rehabilitation creditors, and it cannot be acknowledged that the obligee’s claim did not have any legal effect or limitation on compulsory execution.

3. In light of the above legal principles, the instant case is on the list of creditors of this case.