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(영문) 서울남부지방법원 2018.12.14 2018가단16199
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion was finalized on October 26, 2013 upon filing an application for bankruptcy and exemption from liability with the Incheon District Court Decision 2013Hadan115, 2013Ma112, which became final and conclusive on September 27, 2013.

At the time of the above application, Seoul Southern District Court Decision 2012Da137852 Decided April 23, 2013 rendered a decision on the loan case against the Plaintiff, but it was conducted by service by public notice. Therefore, the above claim was not accurately known, and it was omitted in the list of creditors.

However, as long as the plaintiff did not neglect the above bonds in bad faith, the effect of exemption is not limited to the above bonds, the plaintiff's refusal of compulsory execution is sought.

2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor's right not entered in the list of creditors in bad faith" refers to a case where the debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, is not entered in the list of creditors. Thus, if the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the debtor was negligent

(See Supreme Court Decision 2010Da49083 Decided October 14, 2010) comprehensively taking into account the following purport: (a) the Plaintiff’s obligation upon which the Plaintiff was declared bankrupt and exempted was 7 business funds, living expenses, goods price, and indemnity amount, while the Plaintiff’s obligation against the Defendant is the principal amount of KRW 10 million between private individuals and the interest and delay damages amount of the principal amount of KRW 10 million; and (b) the obligation of the said loan, although the Plaintiff’s obligation against the Defendant was the loan obligation.

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