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(영문) 서울중앙지방법원 2015.12.22 2015가단122226
파산면책확인
Text

1. The defendant's order against the plaintiff is based on the original copy of the payment order in the Seoul Central District Court No. 2008Da35217.

Reasons

1. The Plaintiff was liable to the Defendant for KRW 3,445,822 based on the payment order (hereinafter “instant payment order”) issued by the Seoul Central District Court Decision 2008Guj35217 (hereinafter “instant payment order”). The Plaintiff filed an application for bankruptcy and exemption under the Incheon District Court Decision 2014Hadan535,5323, and filed an application for exemption from immunity on May 22, 2015 (hereinafter “instant exemption from immunity”), and the exemption from immunity was finalized on June 6, 2015. The Plaintiff did not dispute between the parties as to the fact that the Defendant did not enter the Defendant’s claim in the creditor’s list in the bankruptcy and exemption procedure.

2. “Claims that are not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to claims that an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but not entered in the creditors’ list. Thus, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim as prescribed under the above provision, but if the obligor was aware of the existence of an obligation, even if he did not enter it in the creditors’ list by negligence, it constitutes a non-exempt claim as prescribed under the above provision, even if the obligor

The reason why the claim not entered in the list of creditors is excluded from the list of creditors, and if not, the creditor omitted in the list of creditors would be at the disadvantage of losing the claim without any opportunity to raise an objection, etc. to the application for immunity within the scope of the immunity procedure, thereby protecting the creditors from this point.

Therefore, the obligor's bad faith with respect to the preparation of the list of creditors who do not fit the facts shall be determined by fully considering the purport of Article 566 subparagraph 7 of the Debtor Rehabilitation Act, but omitted claims.

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