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(영문) 서울중앙지방법원 2016.05.12 2015가단163630
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 25, 2012, the Plaintiff asserted that: (a) filed an application for personal bankruptcy and exemption from liability with the Seoul Central District Court (hereinafter “instant application for bankruptcy and exemption”); and (b) obtained a decision of exemption on July 22, 2013 (hereinafter “instant decision of exemption”); (c) in the process, failed to identify the Defendant’s obligation for reimbursement as stated in the purport of the claim against the obligee (hereinafter “instant obligation for reimbursement”); and (d) failed to enter it in the list of creditors due to the Plaintiff’s failure to grasp the obligation for reimbursement as stated in the purport of the claim against the Defendant (hereinafter “instant obligation for reimbursement”); (c) the instant decision of exemption does not constitute an obligation not entered in the list of creditors in bad faith, and thus, the effect of the instant order of exemption extends

2. The fact that the Plaintiff received the decision to grant the exemption of this case, and the fact that the obligation for indemnity of this case was omitted in the list of creditors of the bankruptcy exemption case is not disputed between the parties.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2, ① The obligation of indemnity of this case was incurred by the plaintiff, on December 14, 2001, by paying insurance money to the victim of traffic accident caused by the plaintiff's non-insurance accident caused by the damage to another person's body by gross negligence. ② The obligation of the plaintiff appears to be the obligation of compensation arising from the defendant's act of infringing another person's body by gross negligence. ② The obligation of indemnity of this case was delivered with the Seoul Western District Court 2012TTTT 2481 claims for execution of the claim of this case with the claim of indemnity of this case and received it directly by the plaintiff on April 20, 201. ③ The obligation of indemnity of this case was 3 months or more prior to the date of the plaintiff's bankruptcy, ③ the total amount of the claims listed in the creditor's list of bankruptcy claims of this case, 76,481,2301,29.

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