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(영문) 수원지방법원성남지원 2019.06.05 2018가단21738
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3, the defendant prepared a notarial deed with executory power under Law Firm (LLC) No. 2184 in 2008, and the plaintiff applied for bankruptcy and exemption under the 2008Hadan5927 and applied for exemption from liability on July 28, 201, but the above obligations were not entered in the creditor list, respectively.

2. The plaintiff asserts that since the existence of an obligation based on the above notarial deed cannot be confirmed at the time when the above immunity is granted, the above obligation cannot be entered in the list of creditors, the above obligation should also be deemed to have been exempted pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

However, the following circumstances revealed from the aforementioned evidence, i.e., that the Plaintiff filed a petition for bankruptcy on November 19, 2008, where one year has not passed since the date the Plaintiff prepared a notarial deed, and even if so, it is difficult to recognize that the Plaintiff did not enter the above loan debt in the creditor list in good faith and it is difficult to recognize that the Plaintiff did not enter the above debt in the creditor list in the creditor list.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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