(영문) 광주지방법원 순천지원 2017.03.28 2016가단12803

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(영문) 광주지방법원 순천지원 2017.03.28 2016가단12803

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Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant sought a payment order against the Plaintiff on December 24, 2007, ordering the Plaintiff to pay the amount of KRW 42,000,000 per annum from the day following the delivery of the original copy of the instant payment order to the date of full payment order, and served on February 12, 2008, which became final and conclusive on February 27, 2008.

B. On January 13, 2008, the Plaintiff was declared bankrupt by the Gwangju District Court 2007Hadan2965, and the decision to grant immunity from March 2007 to 2007 on March 20, 2008 became final and conclusive around that time. The Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors at the time of the above bankruptcy and application to grant immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion that the Plaintiff omitted the Defendant’s claim against the Plaintiff (hereinafter “instant claim”) on the list of creditors due to lack of knowledge of the existence of the Defendant’s claim against the Plaintiff, which is not maliciously omitted, and thus, the Plaintiff asserted that the instant claim was exempted from immunity in accordance with the Gwangju District Court Decision 2007Da2966

In this regard, the defendant asserts that since the plaintiff did not enter the claim of this case in the list of creditors in bad faith, the claim of this case constitutes non-exempt claim.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim that is not entered in the list of creditors in bad faith is a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors.” 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 under the above provision, but if the obligor was aware of the existence of an obligation, it is in the list

참조조문

-채무자 회생 및 파산에 관한 법률 제566조 제7호

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