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(영문) 서울중앙지방법원 2017.09.14 2017가단54273
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On August 12, 2016, the Plaintiff asserted that the Plaintiff filed for bankruptcy and exemption from liability with the Chuncheon District Court Decision 2016Hadan492, 2016Ma492, and was granted immunity on March 28, 2017.

However, the Plaintiff did not know the existence of Defendant Bank claims at the time of application and omitted in the list of creditors.

However, as long as the Plaintiff did not neglect Defendant Bank’s claim in bad faith, it is not effective to grant immunity for that claim, it is sought to confirm that Defendant Bank’s claim was exempted by the instant lawsuit.

B. Determination 1) As stated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, the term “claim which is not recorded in the creditors’ list in bad faith” refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, and thus, if the debtor was unaware of the existence of an obligation, it does not constitute a non-exempt claim as prescribed in the above provision even if the debtor was negligent in not aware of the existence of the obligation, but if the debtor knew of the existence of an obligation, it constitutes a non-exempt claim as prescribed in the above provision, even if the debtor was negligent in not recorded in the creditors’ list (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). 2) In this case, first of all, comprehensively taking into account the purport of pleading in the evidence evidence No. 2, it is recognized that the defendant notified the plaintiff of the payment of the obligation until after the plaintiff applied for bankruptcy and exemption by the following method, and the plaintiff did not enter it in the creditors’s list in bad faith.

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