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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Korea SSC Bank had the claims stated in the purport of the claim against the Defendant (hereinafter “instant claims”). The instant claims were assigned in sequence to the Defendant, in order, the case was transferred to the network loan corporation, the limited liability company, and the Defendant.
B. On November 25, 2010, the Plaintiff was granted immunity on September 23, 2011 by filing a petition for bankruptcy with the Busan District Court 2010Hadan48666, and 2010Ma48666, and the said immunity became final and conclusive on February 24, 2016.
C. In applying for the above bankruptcy immunity, the list of creditors submitted by the Plaintiff is omitted.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3 and 4, the purport of the whole pleadings
2. The plaintiff's assertion and judgment that the plaintiff's husband B, while making bankruptcy and application for immunity on behalf of the plaintiff, did not enter the claim of this case in the creditor list by negligence in the creditor list on behalf of the plaintiff, but did not intentionally omitted in the creditor list. Thus, the plaintiff's claim against the defendant should be exempted since the grounds for refusing to grant immunity under Article 564 (1) 3 of the Debtor Rehabilitation and Bankruptcy Act are not applicable to such cases.
Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act provides that a debtor who has been exempted from liability shall be exempted from the liability for all obligations to bankruptcy creditors except for dividends pursuant to bankruptcy procedures, but the debtor shall not be exempted from liability for claims not entered in the list of creditors in bad faith.
The phrase “claim that is not entered in the list of creditors in bad faith” refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, when the debtor is unaware of the existence of an obligation, he/she is negligent in not knowing such fact.