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(영문) 수원지방법원 안양지원 2018.11.29 2018가단3326
면책확인
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. On March 14, 2018, the Defendant applied for a payment order against the Plaintiff, and the Plaintiff rendered a decision of performance recommendation to pay KRW 25,000,000 to the Defendant and damages for delay thereof. The said decision of performance recommendation became final and conclusive as it is.

(Y) The Military Court's Ansan Branch 2018 Ghana 10016, hereinafter referred to as "the decision on recommendations for execution of the instant case"). (b)

On March 27, 2014, the Plaintiff filed an application for personal bankruptcy and exemption from liability, and the bankruptcy ruling on March 27, 2014, and the same year.

9. 18. 18. Decision of immunity is granted (the Changwon District Court Decision 2012Haak2, 2317, 2012, 2317), and the decision of immunity became final and conclusive on October 3 of the same year.

C. At the time of the above decision on bankruptcy exemption, the Plaintiff omitted the Defendant’s claim for the agreed amount under the instant decision on performance recommendation against the Plaintiff on the creditor list.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the plaintiff should be exempted from liability because he/she omitted his/her obligation against the defendant by negligence.

B. The phrase “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but 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, it constitutes a non-exempt claim under the above provision even if the obligor was negligent in not knowing

The reasons why the claim that is not entered in the list of creditors are excluded from the list of creditors are excluded from the list of creditors.

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