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(영문) 인천지방법원 2019.06.20 2019가단905
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion completed the individual rehabilitation procedure, and the defendant's claim was omitted in the creditor list, but it was not intentionally omitted by the plaintiff.

The defendant's claim does not constitute "claim not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, and the plaintiff was exempted from liability.

B. Article 625 of the Debtor Rehabilitation and Bankruptcy Act applies to the effect of immunity following the completion of individual rehabilitation procedures, and Article 625 of the same Act Article 625 (2) 1 of the same Act does not exempt a debtor who has been exempted from liability according to the repayment plan, except that the debtor has repaid according to the repayment plan, but does not exempt a debtor from liability with respect to “claims not listed in the list of individual rehabilitation creditors”

Therefore, unlike the bankruptcy procedure, claims not entered in the list of individual rehabilitation creditors are excluded from those subject to immunity regardless of the debtor's bad faith or negligence, and the fact that the defendant's claims are not entered in the list of individual rehabilitation creditors, because there is no dispute between the parties, the defendant

I would like to say.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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