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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion was declared bankrupt and exempted from liability by Suwon District Court 2009Hadan82, 2009Ma8482, 8482, and the decision became final and conclusive as it is.
At that time, the plaintiff failed to enter his claim in the list of creditors because he was forgotten of the claim claimed by the defendant. However, since the plaintiff did not enter it in the list of creditors in bad faith, the effect of the above immunity extends to the claim claimed by the defendant.
Therefore, the enforcement based on the payment order of the Incheon District Court 2012j 10666 against the plaintiff should not be allowed.
2. Judgment on the plaintiff's assertion
A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not recorded in the list of creditors in bad faith by an obligor" means a case where the obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of immunity and fails to enter it in the list of creditors. Therefore, if 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 in
The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, the creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, the exemption is permitted and confirmed without any objective verification as to the grounds for non-permission of immunity stipulated in Article 564 of the above Act, and thus, the debtor goes beyond the responsibility of the debtor to pay his/her obligations in principle. Thus, the creditor is disadvantaged without having the opportunity to participate in