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(영문) 서울남부지방법원 2019.04.25 2018가단25551
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts as follows as the cause of the claim of this case.

In other words, the defendant's claim at the time when the decision of immunity was made by the Jung-gu District Court on June 9, 2017 by 2016, 20079 and 2016Hadan2079 was merely a mere acceptance and not by bad faith. Thus, the defendant's claim stated in the purport of the claim against the plaintiff is also exempted and compulsory execution based on the above executive title should not be permitted.

Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the list of creditors in bad faith by an obligor" means a case where the obligor knows the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and 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, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim under the above provision

(2) If the Plaintiff’s credit loan to C Co., Ltd., which caused the instant judgment claim, was executed on July 18, 2011, and the Plaintiff’s application for bankruptcy and exemption was filed on March 4, 2016, and the Plaintiff partly repaid the above loan claim by December 11, 2014, and further, the Plaintiff was partly repaid the said loan claim by December 11, 2014. Furthermore, if the Plaintiff’s immunity was made on November 3, 2016, the enforcement title stated in the purport of the claim of the instant judgment, and the Defendant’s final judgment of succession from C Co., Ltd., a copy of the execution clause of the judgment of November 3, 2016, which was the enforcement title stated in the purport of the claim of the instant judgment.

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