(영문) 서울중앙지방법원 2020.12.11 2020가단5216182

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(영문) 서울중앙지방법원 2020.12.11 2020가단5216182

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Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 15, 2014, the Plaintiff jointly and severally guaranteed the obligation under the contract for the lease of automobile facilities (lease) to the Defendant of E Co., Ltd.

B. On September 16, 2015, the Plaintiff filed an application for bankruptcy and exemption with the District Court Decision 2015Hau2671, 2015Ma2673, and was granted a decision to grant immunity on December 27, 2018 (hereinafter “instant decision to grant immunity”), and the said decision became final and conclusive on January 15, 2019.

C. The plaintiff is against the plaintiff in the list of creditors of the above bankruptcy and exemption case.

The joint and several liability claim stated in the subsection (hereinafter referred to as “instant claim”) was not stated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was omitted in the creditor list without knowing the existence of the claim of this case at the time of filing an application for bankruptcy and immunity, and the claim of this case also has the effect of immunity of this case.

However, since the defendant sought the payment of the claim of this case against the plaintiff, it is sought to confirm the exemption.

B. The phrase “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it 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 he did not enter it in the list of creditors by

The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors is not entered in the list of creditors.

참조조문

-채무자 회생 및 파산에 관한 법률 제566조 제7호

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