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(영문) 울산지방법원 2021.01.27 2020가단6046
면책확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. According to the overall purport of the theory of evidence evidence Nos. 1 through 7 and changes, the Plaintiff filed an application for bankruptcy and exemption with the Ulsan District Court 740, 2017 (hereinafter “instant bankruptcy adjudication and exemption”) at the bottom of 2017, and received a decision to grant immunity on October 17, 2018 from the above court (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity becomes final and conclusive on November 1, 2018; the Plaintiff entered into a commission agreement with the Defendant on February 25, 2013 with the Defendant and was promoted on November 1, 2013, and the Defendant did not enter the fact that the instant decision to grant immunity was not entered in the list of creditors and creditors of the instant case.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion ceased to exist pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debt Rehabilitation Act”), upon the Plaintiff’s decision to grant immunity, pursuant to Article 566 of the same Act. The Defendant urged the Plaintiff to pay the instant claim, and accordingly, sought confirmation that the Plaintiff’s obligation against the Defendant was exempted.

B. In other words, a claim on the property arising from a cause prior to the declaration of bankruptcy against the debtor, namely, a bankruptcy claim, in principle, ceases to exist when immunity on the debtor becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), and in principle, the right to file a lawsuit and the power of executory power, which ordinarily holds a claim due to the natural obligation, shall be forfeited.

However, pursuant to the proviso of Article 566 (7) of the Debtor Rehabilitation Act, “claim which is not entered in the list of creditors in bad faith” is not exempted from liability. Thus, the obligor is in bad faith.

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