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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 18, 2014, the Plaintiff entered bankruptcy and application for immunity (hereinafter “instant application for immunity”) around 2013, and received immunity from the Seoul Rehabilitation Court (hereinafter “instant immunity”). On December 18, 2014, the said immunity became final and conclusive, and the list of creditors submitted by the Plaintiff while filing the said application for immunity was not indicated as a creditor.
【Ground for Recognition: Unsatisfy, Gap evidence 1, the purport of the whole pleadings】
2. Assertion and determination
A. At the time of the Plaintiff’s filing of the instant application for immunity, the Plaintiff did not put in bad faith the obligation described in the claims against the Defendant (hereinafter “instant obligation”) in preparing the list of creditors at the time of the instant application for immunity.
In other words, the defendant's assertion that the debt of this case is merely an investment loan without a loan certificate, but the defendant continues to assert that it is the loan money. Therefore, the defendant's claim that the decision of immunity of this case extends to the debt of this case.
B. Article 566 subparag. 7 of the Act on Debtor Rehabilitation and Bankruptcy (hereinafter “the Act”) refers to a case where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, has failed to enter it in the creditor list. Thus, when 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 as prescribed by the above Act. However, if the debtor 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 as prescribed by the above Act, even if the debtor was negligent in failing
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, that creditor shall be exempted from the list.