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(영문) 서울중앙지방법원 2020.12.17 2020가단5210245
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 10, 2019, the Plaintiff declared bankrupt on September 25, 2019 and filed a request for immunity with the Changwon District Court 2019Hadan10794 and 2019, the Plaintiff declared bankrupt and filed a request for immunity with 10794, and received a ruling of bankruptcy from the above court on September 25, 2019 and a ruling of exemption on November 29, 2019, respectively, and the decision of exemption was finalized on December 14, 2019.

However, the list of creditors submitted by the plaintiff in the above bankruptcy procedure did not state the obligations arising from the payment order stated in the claims that the plaintiff had borne against the defendant.

[Ground for recognition] Unsatisfy

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim, a debtor who has been exempted from liability is exempted from liability for all debts to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, the obligation following the instant payment order constitutes a bankruptcy claim, which is a property claim arising before the plaintiff's bankruptcy is declared, and constitutes a bankruptcy claim. Thus, barring any special circumstance, barring any special circumstance, the plaintiff's above obligation against the defendant is exempted. Thus, compulsory execution against the plaintiff based on the instant payment order should be rejected

3. The defendant's defense asserts that since the plaintiff did not enter each of the obligations of this case in the creditor list in bad faith, each of the above obligations constitutes non-exempt claims under Article 566 subparagraph 7 of the Debtor Rehabilitation Act.

Therefore, “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, even if a debtor was aware of the existence of an obligation, it constitutes non-exempt claims under the same Act, even if the debtor did not enter it in the list of creditors by negligence.

The debtor's bad faith.

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