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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the Plaintiff’s assertion was declared bankrupt (Seoul Central District Court 2009Hadan22431) on November 30, 2009, and the decision of immunity was made on March 19, 2001 (Seoul Central District Court 2009Da22431). The Plaintiff did not enter in the list of creditors the claim of the Defendant against the Plaintiff in bad faith, and the obligation was also exempted by the above decision of immunity.
2. “Claims that are not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act means cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor prior to the decision of immunity, failed to enter it in the creditors’ list. Therefore, when the debtor 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 as prescribed by the said Act. However, if the debtor knew of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim as prescribed by the said Act
As such, the grounds for excluding claims not entered in the list of creditors are to protect creditors who were not recorded in the list of creditors, if there are creditors who are not recorded in the list of creditors, the creditor would be deprived of the opportunity to file an objection, etc. to the request for discharge within the scope of the procedure for discharge. Accordingly, without any objective verification as to the grounds for non-permission of discharge under Article 564 of the Debtor Rehabilitation Act, the permission of discharge and its final and conclusive confirmation would escape from the responsibility of the debtor to pay the debt in principle. Thus, it is to protect creditors who suffer disadvantages
Therefore, the debtor's bad faith with respect to the preparation of the creditor list that does not fit the facts.