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1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2015Da5147374 Decided October 20, 2015.
Reasons
1. Basic facts
A. The Plaintiff delayed the payment of KRW 27,812,60 and interest thereon to Samsung Card Co., Ltd. of KRW 78,395,861, and credit card use of KRW 2,500,00 and interest thereon to Korea Card Co., Ltd. of KRW 6,989,486. The Plaintiff’s claim against the Plaintiff for each of the credit card use charges, etc. (hereinafter “the instant claim”) was transferred to the Digital Asset-Backed Asset Management Loan Co., Ltd. on December 28, 201 through the Postal Asset-Backed Asset Securitization Specialized Company, the Promotion Savings Bank Co., Ltd.
B. On January 31, 2013, the Plaintiff filed an application for bankruptcy and exemption from liability with Suwon District Court Decision 2013Hadan709, 2013Ma709, respectively. The said court decided to grant exemption on April 11, 2014. The creditor’s name was stated in the creditor’s list as “DD Asset Management Loan Resolution Committee” and the creditor’s name was stated in the creditor’s list as “DD Asset Management Loan Resolution Committee.” The above court received an order to correct the address of the said creditor from the said court, and revised the address to “8,2-ro, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul.”
C. On July 31, 2013, the Defendant acquired the instant claim from a DNA Asset Management Loan Co., Ltd., and filed a lawsuit against the Plaintiff on May 21, 2015 against the Seoul Central District Court 2015Da5147374. The said lawsuit was initiated against the Plaintiff by public notice, and the Defendant received a favorable judgment from the said court on October 20, 2015, and became final and conclusive on November 5, 2015.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 10 evidence, Eul's 1 and 2 evidence, and the purport of the whole pleadings
2. The phrase “claim which is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim refers to a case where the debtor knows the existence of the obligation against the bankruptcy creditor prior to the decision of discharge, and fails to enter it in the list of creditors. Thus, if the debtor was unaware of the existence of the obligation, he did not know it.