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(영문) 대구지방법원김천지원 2019.09.05 2019가단773
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court 2018Gu536, 2018Hadan536, and the above court rendered a decision to exempt the Plaintiff on December 19, 2018 (hereinafter “instant decision to grant immunity”), and thus, the decision to grant immunity became final and conclusive. Thus, the Plaintiff asserted that, prior to the instant decision to grant immunity, KRW 10,000,000 and interest and delay damages thereon (hereinafter “instant obligation”) owed against the Defendant were also exempted from the instant decision to grant immunity.

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 is a non-exempt claim.” Since a claim that is not entered in the list of creditors in bad faith is a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors, if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim even if the obligor failed to enter it in

(2) Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “The Plaintiff shall not be deemed to have been exempted from the liability for the instant obligation under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act” (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010).

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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