beta
Text
1. The Plaintiff’s principal amount of the transferred money to the Defendant and its late payment damages amounted to KRW 4,336,657 were exempted.
Reasons
1. Facts of recognition;
A. The Plaintiff was liable for the principal amount of Dlon loan, KRW 4,336,657, and damages for delay thereof (hereinafter “instant debt”). The Defendant was the transferee to whom the said loan claim was transferred on March 31, 2017.
B. The Plaintiff was declared bankrupt by filing a petition for bankruptcy with the Chuncheon District Court No. 2017Hadan4667, Oct. 25, 2017, upon receipt of a decision to grant immunity under the same court No. 2017Ha191, and the said decision to grant immunity became final and conclusive on November 9, 2017.
(hereinafter “instant bankruptcy and exemption”) C.
The Plaintiff did not enter the instant debt in the list of creditors when filing the instant bankruptcy and application for immunity.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination
A. The gist of the party’s assertion argues that the Plaintiff was exempted from the liability for the instant obligation by the decision on immunity, and the Defendant asserts that the Plaintiff constitutes non-exempt claims, since the Plaintiff did not enter claims against the Defendant in the list of creditors in bad faith.
B. Article 566 subparag. 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 case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Therefore, when the obligor 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 under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the obligor was negligent
The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors.