beta
Text
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the legitimacy of the instant lawsuit
A. The Plaintiff and the Defendant alleged that the Plaintiff acquired credit card related claims against the Defendant of Hyundai Card Co., Ltd. on July 30, 2013, and claimed the payment of principal and interest KRW 11,937,846 and delay damages for the principal amount of KRW 2,732,00 among them, the Defendant claimed that the Defendant exempted the Defendant from liability for the above transfer money according to the bankruptcy and exemption decision.
B. In full view of the overall purport of the pleadings in the evidence Nos. 1 and 5 evidence Nos. 1 and 5, the Defendant filed a petition for bankruptcy and exemption with the Daegu District Court 2015Hadan1060 and 2015Ma1060, Nov. 2, 2015, which was declared bankrupt by the above court, and its decision became final and conclusive around that time, and it can be recognized that the decision became final and conclusive on January 6, 2016 upon receiving a decision from the above court on December 22, 2015, barring any special circumstance. Thus, the Defendant’s above obligation (hereinafter “instant obligation”).
(3) The Plaintiff’s claim for the amount of the transfer money (hereinafter “instant claim”) to which the Plaintiff seeks the payment of the instant lawsuit as a result of the Plaintiff’s exemption from liability under the above immunity decision.
(2) The Plaintiff asserts that, as the Defendant did not enter the instant claim in the creditors list in bad faith at the time of application for immunity, the instant claim does not be exempted from liability.
Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides for one of non-exempt claims that an obligor has not entered in the list of creditors in bad faith. In this case, "claim that is not entered in the list of creditors in bad faith" means a claim that an obligor has known the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.