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(영문) 인천지방법원 2017.07.14 2017가단3566
면책확인
Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order of the Incheon District Court 201 tea31912.

2...

Reasons

In light of the overall purport of the pleadings, the facts as stated in the reasons for the claim in the separate sheet Nos. 1 through 8 can be recognized.

Meanwhile, Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of 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 obligor 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 obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the obligor

The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, the creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, the exemption is permitted and confirmed without any objective verification as to the grounds for non-permission of immunity stipulated in Article 564 of the above Act, and thus, the debtor goes beyond the responsibility of the debtor to pay his/her obligations in principle. Thus, it is intended to protect creditors who are at disadvantage without having the opportunity to participate in

Therefore, in light of the purport of Article 566 Subparag. 7 of the above, whether an obligor’s bad faith with respect to the preparation of a list of creditors that does not coincide with the facts, the following circumstances are comprehensively taken into account: (a) the details of omitted claims and the relationship between the obligor and the obligor; (b) the relationship between the obligee and the obligor; and (c) the obligor’

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