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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant’s judgment ordering the payment of KRW 2,569,00 and the damages for delay therefor (hereinafter “instant judgment”) against the Plaintiff was rendered on January 19, 2007, and became final and conclusive around that time.
B. Meanwhile, the Plaintiff filed an application for bankruptcy and exemption (in cases where the Plaintiff was declared bankrupt on February 10, 2014, and the decision to grant immunity below May 7, 2014) is “the decision to grant immunity”.
(2) Upon receipt of the judgment of this case on the 22th of the same month, claims based on the judgment of this case were omitted in the list of creditors. [Grounds for recognition] The facts of no dispute, Gap 1 through 4, and 6 (each entry, including virtual numbers, and the purport of the whole pleadings.]
2. Article 566 subparag. 7 of the former Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and the obligor fails to enter it in the list of creditors, even if he/she was negligent in not knowing the existence of an obligation. However, if the obligor was aware of the existence of an obligation, he/she did not enter it in the list of creditors by negligence, even if he/she was negligent in not knowing the existence of the obligation.
Even if it falls under non-exempt claims provided for in the above provision.
In light of the above legal principles, the judgment of this case was conducted by public notice, and the plaintiff could not know the judgment of this case itself, but the existence of the price of the goods was known. Thus, the plaintiff failed to be forgotten in the list of creditors by regarding bankruptcy and exemption as alleged by the plaintiff at the time of applying for exemption from liability.
Even if the debtor knows the existence of the obligation, it constitutes a failure to state it by negligence.