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(영문) 서울중앙지방법원 2018.01.11 2017가단67514
면책확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s credit card payment claim against the Plaintiff is KRW 11,513,858.

(hereinafter “instant claim”). The payment order for the instant claim was finalized on March 13, 2012.

(Seoul Southern District Court 2012j.5266).(b)

A certified judicial scrivener B, on February 13, 2012, issued the Plaintiff’s debt certificate to the Defendant at the government branch of the New Bank of Korea Co., Ltd.

A certified judicial scrivener B filed an application for individual rehabilitation against the plaintiff on March 2, 2012, but withdrawn it on April 17, 2012, and the creditor of the claim of this case on the creditor list was entered as the defendant.

(Seoul Central District Court 2012 31973). After June 7, 2012, a certified judicial scrivener B filed an application for exemption from the Plaintiff, and erroneously stated the claim in the creditor list as a new creditor, not a new credit card company, as the creditor of the claim in this case.

C. On November 14, 2012, the Plaintiff was granted immunity and the decision became final and conclusive on December 12, 2012.

(Seoul Central District Court 2012No. 5854, hereinafter referred to as “instant immunity”). [Identification Evidence] A, 1-6, 1-4, and the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff’s claim of this case was exempted from the determination of the exemption of this case, and there is a benefit to seek confirmation of exemption since the Defendant asserted it as non-exempt claim.

B. The Plaintiff was issued a certificate of debt against the Defendant immediately before the application for exemption from the instant case, and was mistakenly stated in the creditors list as a new bank, which was not the Defendant, and thus, constitutes non-exempt claim merely because it is an omission by negligence.

3. Determination

A. "Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means the list of creditors knowing the existence of an obligation against a bankruptcy creditor before immunity is granted.

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