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(영문) 대구지방법원서부지원 2016.01.14 2015가단7125

면책

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1. The Defendant’s loans to the Plaintiff at the Daegu District Court Branch Decision 2011 Ghana82351 Decided April 3, 2012.

Reasons

1. Basic facts

A. The Defendant lent KRW 3 million to the Plaintiff around June 16, 2004.

(hereinafter “The instant loan credit”). (b)

Then, on October 10, 201, the Plaintiff did not pay the said money, and the Defendant filed a lawsuit against the Plaintiff for a claim for the loan with the Daegu District Court Branch Branch of 2011Gaso82351, and the lawsuit was proceeded with by public notice against the Plaintiff. The Defendant received a favorable judgment from the said court on April 3, 2012.

(hereinafter “instant judgment”). C.

Meanwhile, the Plaintiff filed a petition for bankruptcy with the Daegu District Court 2009Hadan4498 on May 26, 2009, filed a petition for immunity from 2009Hau4498, and filed a petition for immunity from the above court on April 2, 2010, which was declared bankrupt on May 18, 2010, which became final and conclusive on June 2, 2010 (hereinafter “instant decision for immunity”); and the list of creditors submitted by the Plaintiff at the time of the instant decision for immunity, did not state the instant loan claims.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of claim, the loan claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt and constitutes a bankruptcy claim. Since the loan claim in this case was exempted from obligation due to the immunity decision in this case, compulsory execution according to the judgment in this case cannot be permitted.

3. As to the defendant's assertion, the defendant asserts that the loan claim of this case constitutes non-exempt claim, since the plaintiff knew the existence of the loan claim of this case at the time of the plaintiff's bankruptcy and exemption application and omitted the statement in the creditor list in bad faith.

Whether an obligor constitutes “claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, is the obligor.