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(영문) 대전지방법원 홍성지원 보령시법원 2018.06.12 2017가단59
청구이의
Text

1. The plaintiff's request shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The fact that the Defendant received a payment order against the Plaintiff on July 23, 2009 from this Court No. 2009 tea 652, which became final and conclusive on August 11 of the same year, and the Plaintiff filed an application for bankruptcy with the Daejeon District Court on September 2, 2015 as Daejeon District Court No. 2015Hadan 2257, which became final and conclusive on December 29 of the same year upon receipt of a decision of exemption permission as 2257 when December 11, 2015, which became final and conclusive on December 29 of the same year, and the fact that the Plaintiff did not include the claims on the payment order stated in the Defendant’s purport against the Plaintiff in the list of creditors when filing an application for exemption permission does not conflict

2. Each of the plaintiff and the defendant's respective arguments asserted that the plaintiff did not enter the defendant's above claims against the plaintiff in the list of creditors because he did not know of the defendant's above claims at the time of the above exemption permission, and that the defendant's claim for the payment order stated in the defendant's claim has the effect of exemption. Accordingly, the defendant asserted that the plaintiff did not enter it in bad faith in the list of creditors with the above exemption permission's claim in bad faith, and that it is a non-exempt claim under Article 566 subparagraph 7 of the above Act.

3. Determination. A.

The grounds for excluding claims not entered in the list of creditors under Article 566 subparagraph 7 of the above Act are to protect creditors who are at a disadvantage without having the opportunity to participate in the above procedure, as well as creditors who are at a disadvantage without having the opportunity to apply for objection, etc. to the application for immunity within the scope of the procedure for immunity if there are creditors not entered in the list of creditors. Accordingly, without any objective verification of the grounds for non-permission of immunity under Article 544 of the above Act, are to protect creditors who are at a disadvantage without any opportunity to participate in the procedure.

Therefore, whether the obligor's bad faith with respect to the preparation of the list of creditors that is not inconsistent with the facts is sufficient to the purport of Article 566 (7) above.

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