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(영문) 부산지방법원동부지원 2016.11.30 2016가단11693
면책확인
Text

1. Ascertainment that the principal amount of the Plaintiff’s principal against the Defendant was exempted from liability, such as KRW 16,364,050 and interest thereon.

2.

Reasons

1. The fact that on November 18, 2009, the Plaintiff filed a lawsuit against the Defendant for a decision on the cause of the claim that “the Plaintiff shall pay to the Defendant 16,354,050 won and the amount calculated by the rate of 20% per annum from July 31, 2009 to the date of full payment” (hereinafter “the relevant judgment”). The Plaintiff is acknowledged as not having entered the relevant claim in the creditor’s list in the bankruptcy proceeding as of July 24, 2012, as of April 240, 2012, the Plaintiff filed a petition for bankruptcy and exemption with the Incheon District Court on August 27, 2013 (hereinafter “instant exemption”). The above exemption was finalized on September 24, 2013, and the Plaintiff did not enter the relevant claim in the creditor’s list in the bankruptcy proceeding.

According to the above facts, the claims based on the judgment of this case are claims on the property arising before the plaintiff is declared bankrupt and constitute bankruptcy claims, and the above claims were exempted due to the decision of exemption of this case.

2. The defendant's assertion asserts that since the plaintiff was served with a complaint which caused the judgment of this case, the claim based on the above judgment cannot be exempted from liability.

In light of the above, Article 566 Subparag. 7 of the Debtor Rehabilitation Act refers to a claim that a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the creditor list. 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 above provision. However, if the debtor was aware of the existence of an obligation, even if he did not enter it in the creditor list by negligence, it is prescribed under the above provision.

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