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(영문) 광주지방법원 2016.02.18 2015가단518053
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, as the Gwangju District Court 2007da18737, filed an application for individual rehabilitation under the Debtor Rehabilitation and Bankruptcy Act, and received immunity on October 22, 2013. At the time of the application for individual rehabilitation, the Plaintiff confirmed the details of the obligation provided by the Korea Credit Information Institute at the time of the application for individual rehabilitation, but did not confirm the obligation owed to the Defendant. The Defendant filed a claim for reimbursement against the Plaintiff, etc. by the Gwangju District Court 2008Gadan81751, around 2008, and served the claim, but did not respond in particular because it was known that the obligation was included in the details of the application for rehabilitation. As such, the Plaintiff did not report the obligation owed to the Defendant, and did not report it in bad faith, the Plaintiff did not report it in the above individual rehabilitation procedure, and did not report it in bad faith, and thus, the Defendant’s claim against the Defendant should also

According to Article 625(2)1 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who is granted immunity with respect to a claim that has not been entered in the list of individual rehabilitation creditors is not exempt from liability. As such, the mere fact that a debtor was unable to enter in the list of individual rehabilitation creditors because he/she was unaware of the existence of a claim against the defendant, as alleged by the plaintiff, could not be exempted from liability according to such immunity, and there is no reason to exempt liability otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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