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(영문) 서울중앙지방법원 2016.01.14 2015가단168017
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 13, 2014, the Plaintiff seeks confirmation of immunity, such as the statement in the purport of the claim, based on the decision to grant immunity from Daejeon District Court 2014.

Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a claim that is not entered in the list of creditors with knowledge of the existence of an obligation against a bankruptcy creditor before immunity is granted.

If a debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the foregoing provision, even if the debtor failed to enter it in the list of creditors by negligence.

(See Supreme Court Decision 2010Da49083 Decided October 14, 2010, etc.). However, according to the Plaintiff’s assertion and the evidence Nos. 1, 2, and 3, the Plaintiff, while filing an application for bankruptcy and immunity, entered the matters concerning the mortgage on the obligations stated in the list of vehicles in the list of property (market price, the secured debt balance, etc.) and attached the register of automobiles, etc. in the list of property and attached the said financial transaction certificate with regard to the said obligations, the Plaintiff omitted the entry of the said obligations in the list of creditors.

(2) According to the above facts, the Plaintiff’s claim against the Plaintiff, such as the description of the claim, constitutes a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, inasmuch as the said claim was executed on August 2015, and the amount of debt stated in the said claim or financial transaction confirmation is equal to the amount of debt stated in the claim’s claim, and thus, is larger than the amount of debt indicated in the claim’s claim’s list, knowing the existence of the claim’s claim.

Therefore, the plaintiff's claim claiming immunity is dismissed as it is without merit, and it is so decided as per Disposition.

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