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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 filed with the Gwangju District Court No. 201Gu414, Oct. 11, 201, and the immunity was granted on October 11, 201. At the time of the above application, the Plaintiff’s claim was omitted from the list of creditors because the Defendant did not accurately recognize the Defendant’s claim for reimbursement reimbursement against the Plaintiff.
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, so it is sought to confirm it.
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 is not entered in the list of creditors despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted." 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 same Act, but if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the same Act even if the debtor was negligent in not knowing the existence of the obligation,
(2) In light of the purport of the entire pleadings, the judgment of October 14, 2010 (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010) and the overall purport of the pleadings in Articles 566 subparag. 7, 56 of the Debtor Rehabilitation and Bankruptcy Act, it is reasonable to deem that the Plaintiff was aware of the existence of the obligation to reimburse the Defendant before the aforementioned immunity was granted, and thus, even if the Plaintiff failed to enter the same in the list of creditors by negligence, it constitutes “right to claim against the obligor not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act.
Therefore, the plaintiff's claim.