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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where "when the plaintiff filed the petition for bankruptcy" under Article 420 of the Civil Procedure Act as "as of December 2, 2016."
Plaintiff’s assertion
When filing an application for bankruptcy and immunity, the Plaintiff was unable to memory the joint and several liability obligations of the Defendant, and the Plaintiff’s applicant representative, the Plaintiff’s applicant representative, has heard that at the time, the obligation is not issued by the Defendant as it was not verified by the Defendant, and prepared a list of creditors omitted by the Defendant.
The plaintiff does not intentionally omit the defendant's claim in the list of creditors, so the plaintiff's joint and several surety obligation of this case against the defendant should be exempted.
Judgment
A. “Claims that are not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed 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 knew of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim under the above provision of the Act even if the debtor
The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor not entered in the list of creditors, that creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, Article 564 of the Act.