beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 29, 2013, the Plaintiff filed bankruptcy and application for immunity with the District Court Decision 201Hau3063 and 201Hau3057, which became final and conclusive on August 13, 2013. The list of creditors of the said exemption case does not state the Plaintiff’s obligations against the Defendant.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that although the plaintiff omitted the debt owed to the defendant in the above bankruptcy and exemption case, the plaintiff did not omit the creditor's list in order to submit the creditor's list falsely, the first mutual savings bank in consideration of the mutual savings bank was the creditor. However, since the plaintiff was unaware of the defendant at the time of the above exemption application due to the change of creditor's order, the above exemption order's effect also extends to the defendant's obligation against the defendant. Thus, the plaintiff's exemption order's obligation against the defendant is confirmed by the above exemption order.
B. Determination is based on Article 566 subparag. 7 of the Act on Debtor Rehabilitation and Bankruptcy, which states that the debtor does not enter his/her obligation in the list of creditors in bad faith, in the list of creditors prior to the decision on immunity is a case where the debtor knows the existence of obligation against the bankruptcy creditor prior to the decision on immunity, and thus, if the debtor was unaware of the existence of obligation, even if he/she was negligent in not knowing the existence of such obligation, it does not constitute a non-exempt claim under the above Act. However, if the debtor knew of the existence of obligation, even if he/she did not enter it in the list of creditors by negligence, it constitutes a non
As such, a claim that is not entered in the list of creditors.