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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. The Plaintiff filed a petition for individual bankruptcy and application for immunity with the Incheon District Court Decision 2014Hadan836, 2014da834, and was granted immunity on November 27, 2014 (hereinafter “instant immunity”). The instant immunity exemption became final and conclusive on December 12, 2014.
B. Meanwhile, Native Mutual Savings Bank Co., Ltd. loaned KRW 110 million to the Plaintiff, around June 18, 2010, and KRW 4.7 million around June 28, 201, respectively, to the Plaintiff. On June 28, 2012, the Plaintiff transferred each of the above loans to the Defendant and notified the Plaintiff of the transfer on July 25, 2012.
C. The list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy or exemption was omitted the above claim that the Defendant acquired (hereinafter “instant claim”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 2, 2, 2, and 3, and the purport of the whole pleadings
2. Determination
A. According to the above findings of determination as to the cause of the claim, barring any special circumstance, the Plaintiff’s above obligation against the Defendant is discharged according to the effect of the decision on immunity of this case.
B. The defendant's assertion and its judgment (1) asserted that the defendant does not have the effect of immunity of this case since the plaintiff did not enter this in the creditor list knowing the existence of the claim of this case in the creditor list.
(2) On the other hand, the plaintiff alleged that he knew of the existence of the claim in this case, but omitted it at the attorney's office representing the bankruptcy petition, and did not enter it in the creditor's list. Thus, even according to the above argument, the plaintiff was aware of the existence of the claim in this case at the time of the above bankruptcy and exemption application. Nevertheless, since the defendant, who is the creditor, was not entered in the creditor's list, even if it was omitted by the representative's negligence, the plaintiff's liability is exempted.