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(영문) 서울남부지방법원 2019.01.11 2018가단11583
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that: (a) filed an application for bankruptcy and immunity with the Suwon District Court 2014Hadan100152, 2014Hadan10152; and (b) filed an application for immunity on June 22, 2016.

7.7. Finality was established.

At the time of the above application, the Defendant’s loan claims including the principal amount of KRW 5,981,053 and interest and delay damages against the Plaintiff (hereinafter “instant claim”) were omitted in the list of creditors.

However, as long as the plaintiff did not neglect the above bonds in bad faith, it is not effective to grant immunity for the above bonds, it is sought to confirm such immunity.

2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor's right not entered in the list of creditors in bad faith" refers to a case where the debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, is not entered in the list of creditors. Thus, if the debtor 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 debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the debtor was negligent

In full view of the respective descriptions and arguments in subparagraphs 1 through 3 of Article 2010Da49083, Oct. 14, 2010 (see Supreme Court Decision 2010Da49083, Oct. 14, 2010). The Defendant filed an application for payment order with the Plaintiff under the Suwon District Court 201Da14126, Feb. 18, 201 with respect to the instant loan claims against the Plaintiff, but the said court issued the payment order on February 18, 2011, but the Plaintiff did not receive the notification and did not raise any objection. Based on the above final payment order, the Defendant filed an application with the Plaintiff for payment order with the Suwon District Court 201Kao2926, Oct. 26, 2011.

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