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(영문) 창원지방법원 2016.11.16 2016가단4412
면책확인
Text

1. It is confirmed that the Plaintiff’s obligation stated in the attached document of debt certificate against the Defendant was exempted.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On April 25, 2001, the Plaintiff entered into a membership agreement with the Defendant on a credit card and the details of the price that the Plaintiff failed to pay after using the credit card are as indicated in the separate sheet of liability (hereinafter “instant claim”).

B. The Plaintiff filed a petition for bankruptcy and immunity with the Changwon District Court No. 2015Hadan1882, 2015 1885, and omitted the entry of the instant claim in the list of creditors submitted at the time of the said petition.

C. On November 18, 2015, the Changwon District Court rendered a bankruptcy decision against the Plaintiff, and rendered a decision to grant immunity on February 19, 2016, and the said decision to grant immunity became final and conclusive on March 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), a claim on property arising from a cause that occurred prior to the declaration of bankruptcy against a debtor is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability pursuant to the main sentence of Article 566 of the same Act is exempted from all liabilities to a bankruptcy creditor except dividends under the bankruptcy procedure. As seen earlier, the instant claim was a bankruptcy claim arising from a cause prior to the declaration of bankruptcy against the plaintiff, and the decision to grant immunity against the plaintiff was confirmed on March 5, 2016, barring any special circumstance,

As to this, the defendant asserts to the effect that the exemption is not effective, since the plaintiff had failed to enter the claim in the creditor list in bad faith at the time of the above declaration of bankruptcy and exemption.

The phrase “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors.

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