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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the part of "(the plaintiff's assertion about this case is without merit)" in Part 3, 5 and 10, including the plaintiff's new argument in the trial of the court of first instance, is used as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
With respect to this, the Plaintiff asserts that, even though he knows the existence of an obligation against the Plaintiff, the Defendant did not enter it in the list of creditors in bad faith in the bankruptcy proceedings. Therefore, the Defendant’s obligation against the Plaintiff does not become exempt. The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
“Claims that are not entered in the list of creditors in bad faith” referred to in Article 566 subparag. 7 refers to claims that an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but not entered in the list of creditors. Thus, if an obligor was unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of the obligation, it does not constitute non-exempt claims as prescribed in Article 566 subparag. 7 of the same Act. However, if an obligor was aware of the existence of an obligation, even if he/she did not enter
The reason why the claim not entered in the list of creditors is excluded from the list of creditors, and if not, the creditor omitted in the list of creditors would be at the disadvantage of losing the claim without any opportunity to raise an objection, etc. to the application for immunity within the scope of the immunity procedure, thereby protecting the creditors.
Therefore, whether the obligor's bad faith with respect to the preparation of the creditor list that does not coincide with the facts is determined.