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(영문) 대전지방법원 2018.05.23 2017가단21432
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 16, 2011, the defendant filed a lawsuit against the plaintiff as Daejeon District Court 201Gaso85841, and the above court rendered a decision on performance recommendation (hereinafter "decision on performance recommendation of this case") stating that "the plaintiff shall pay 20,00,000 won to the defendant jointly and severally with the white industry corporation, B, and C, and the amount calculated by the rate of 25% per annum from March 13, 1996 to June 212, 2001, and 20% per annum from the next day to the day of complete payment." The above decision was delivered to the plaintiff on June 21, 2011, and was delivered to the plaintiff for the same year.

7.6.Finality

(B) The Plaintiff’s debt owed to the Defendant that became final and conclusive in the instant performance recommendation decision (hereinafter “instant debt”). B.

Meanwhile, the Plaintiff filed an application for adjudication of bankruptcy and discharge (hereinafter “instant bankruptcy and discharge application”) with the Daejeon District Court 2014Hadan2352 and the same court 2014Ma2355, and the said court rendered a decision of immunity on December 5, 2014. The said decision became final and conclusive on December 20, 2014, and the Plaintiff did not enter the Defendant and the instant discharge obligation in the list of creditors at the time of the instant bankruptcy and discharge application.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff's assertion that the plaintiff omitted the defendant's and the debt of this case from the creditor's list by negligence at the time of application for immunity of this case, but did not enter it in the creditor list in bad faith, and thus, the effect of the above immunity extends to the debt of this case.

B. As stated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, “a claim which is not entered in the list of creditors in bad faith” refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of discharge, but is not entered in the list of creditors.

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