logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2016.08.25 2015가단9573
면책 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff filed a petition for adjudication of bankruptcy with Suwon District Court Decision 2013Hadan1492, and was declared bankrupt as of October 28, 2013, and was granted a decision of immunity on January 9, 2014 (hereinafter “instant decision of immunity”).

On June 17, 199, the Plaintiff borrowed KRW 10 million from the self-support fund to induce self-reliance by lending funds necessary for self-support of low-income groups, such as recipients, etc. at a long-term low interest rate, and promoting the stabilization of livelihood.

In the process of bankruptcy and immunity, the Plaintiff had omitted the obligation of the above loan (hereinafter “instant obligation”) on the list of creditors prepared by the Plaintiff.

However, since the debt of this case is not a bank-related claim, it was not confirmed in bank-related credit information, and there was no way to grasp accurate credit.

Since the Plaintiff's debt was incurred at the time of operating a store as an individual entrepreneur in 199, it was omitted because it was impossible to recognize the creditor who flows over a long time.

After the decision to grant immunity of this case, the Plaintiff became aware of the existence of the obligation through a demand note sent by the Defendant, and subsequently visited the military viewing and confirmed the exact content of the obligation.

The plaintiff did not intentionally omit the debt of this case from the creditor list, and the debt of this case also has the effect of the exemption decision of this case.

2. Considering the following circumstances acknowledged by comprehensively taking account of the following circumstances, which are acknowledged as a whole by examining the judgment of the court below, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings, it is difficult to view that the debt of this case is a claim not entered in the list of creditors in bad faith, and its effect

First, according to the statement in Eul evidence No. 2, the defendant shall repay the debt of this case over four times on January 9, 2014, which is very close to the time when the decision to grant immunity of this case was rendered.

arrow