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(영문) 서울북부지방법원 2016.09.27 2016가단122758
면책확인
Text

1. The plaintiff corporation based on the payment order of the Seoul Northern District Court 2016 teas 13450.

Reasons

1. Determination as to the claim against the light asset management loan that Defendant Han-chul, Inc.

A. On May 26, 2014, the Plaintiff filed an application for exemption from the Seoul Central District Court Decision 2014Hadan54000 and 2014 Ma5400 and 2014 Ma5400, and was declared bankrupt on May 29, 2015 (hereinafter “instant exemption from immunity”). At the time of the application for exemption, the Plaintiff omitted the obligation against the said Defendant by negligence, and thus, the obligation under Paragraph (1) of the order of exemption ought to be deemed to have also been discharged pursuant to the said exemption from immunity.

B. Judgment by deeming the confession of judgment (Article 208(3)2 of the Civil Procedure Act)

2. Determination as to the claim against the Defendant UNNA limited liability company (hereinafter “Defendant limited liability company”).

A. The plaintiff's assertion was omitted in the list of creditors because he did not know that the defendant limited liability company still remains at the time of the decision on immunity of this case. Thus, the claim of the defendant limited liability company also has the effect of the decision on exemption of this case, and the confirmation is sought.

B. (1) Determination (1) “Claims in bad faith and not entered in the list of creditors” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of 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 did not enter it in the list of creditors by negligence, it constitutes a non

If there is a creditor who is not entered in the list of creditors, the creditor shall be exempted from liability within the scope of the procedure of discharge.

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