beta
(영문) 서울서부지방법원 2019.11.13 2019가단220574

면책확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received a loan from the Youngpool branch of B Bank, etc. under the Defendant’s credit guarantee and delayed repayment of the loan, and the Defendant paid the principal and interest of the loan on or around January 26, 2015. However, on April 17, 2019, there are KRW 5,059,235, and damages, KRW 2,534,582.

(hereinafter “instant claim for reimbursement”). B.

On February 19, 2019, the Plaintiff filed an application for adjudication of bankruptcy and exemption from liability with Suwon District Court 2018Hadan2436, 2018, and the said court rendered a decision to exempt the Plaintiff from liability, which became final and conclusive on March 8, 2019.

(hereinafter “instant immunity”). However, at the time of the declaration of bankruptcy and the application for immunity, the Plaintiff did not enter the Defendant’s claim for reimbursement of the instant amount in the list of creditors at the time of application for immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the Plaintiff exempted the Plaintiff’s liability for the claim for reimbursement of this case according to the determination of the exemption decision of this case.

B. The phrase “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Thus, if the debtor 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 debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if he did not enter it in the list of creditors by

Whether an obligor's bad faith with respect to the preparation of a list of creditors that is not inconsistent with the facts has been omitted in full consideration of the purport of Article 566 subparagraph 7 of the above Act.