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(영문) 서울중앙지방법원 2017.09.27 2017가단49776
면책확인
Text

1. The principal of the Plaintiff’s obligation to the Defendant (Seoul Central District Court No. 2007Da23070) is 17,462.

Reasons

1. Basic facts

A. The Defendant filed a payment order against the Plaintiff as Seoul Central District Court 2007 tea23070, and the above court issued the payment order on March 6, 2007 (hereinafter “instant payment order”). The above payment order was finalized around that time.

(hereinafter referred to as the “instant claim”). B. The Defendant’s claim against the Plaintiff upon the above payment order (hereinafter referred to as “instant claim”).

The Plaintiff filed bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with Busan District Court No. 2015Hadan516, 2015Hun-Ga516, and 516 (hereinafter “instant application for immunity”) and filed a declaration of bankruptcy on January 27, 2016, and the decision to grant immunity on April 22, 2016 (hereinafter “instant decision to grant immunity”). The decision to grant immunity was finalized on May 10, 2016, and the Plaintiff did not enter the Defendant’s claim to grant immunity in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. The plaintiff asserted that in the course of the bankruptcy and application for immunity of this case, the claim of this case was omitted in the creditor list, but this is not maliciously omitted, and the plaintiff's obligation against the defendant was also exempted by the immunity decision of this case.

As to this, the defendant asserts that the decision of immunity of this case does not extend to the claim of this case, since the plaintiff knew the existence of the claim of this case in bad faith and omitted from the list of creditors.

3. Determination

A. According to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), even if an obligor who has been granted immunity is not exempt from liability for claims not entered in the list of creditors in bad faith.

"Claims that are not entered in the list of creditors due to bad faith by the debtor" referred to in the above provision exist in obligations against the bankruptcy creditor before immunity is granted.

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