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(영문) 서울중앙지방법원 2016.05.31 2016가단24381
면책확인
Text

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 Plaintiff’s wife B concluded a credit card transaction agreement with a foreign exchange credit card company (hereinafter “foreign exchange credit card”), and used it with the credit card. The Plaintiff jointly and severally guaranteed the obligation related to the above credit card transaction.

B. After that, the remaining credit amount claim against B of the above credit card transaction amount of the foreign exchange credit card (hereinafter “instant credit”) was finally transferred to the Defendant through a friendly special purpose company, the promotion mutual savings bank, the Korea Asset Management Loan Co., Ltd., and the Korea Asset Management Loan Co., Ltd. (hereinafter “D Asset Management Loan”).

C. On September 14, 2015, the Plaintiff was declared bankrupt in Daejeon District Court Decision 2015Hadan1859, and was granted immunity in the case No. 2015Ma1857, Nov. 16, 2015 (hereinafter “instant immunity”), and the said immunity became final and conclusive on December 1, 2015.

However, the Plaintiff did not enter the instant claim in the list of creditors at the time of filing the application for exemption.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff asserted that the claim of this case was not entered in the list of creditors in good faith at the time of the exemption of this case. Thus, the plaintiff asserted that the claim of this case was exempted and sought exemption confirmation.

In regard to this, the Defendant did not enter the claim of this case in the list of creditors with knowledge that the Plaintiff had the claim of this case at the time of immunity. Thus, the Defendant asserted that the claim of this case constitutes “claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act and should be excluded from the scope of immunity.

3. Determination

A. “Claims” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, which are “Claims not entered in the list of creditors in bad faith.”

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