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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 14, 2013, the gist of the Plaintiff’s assertion: (a) filed an application for immunity with the Seoul Central District Court 2013Da9595 on November 14, 2013; and (b) the said decision became final and conclusive upon the grant of immunity on January 27, 2014; and (c) the Plaintiff did not enter its obligations against the Defendant in the list of creditors because it was too long
Since the Plaintiff did not neglect the obligation of the instant transfer money in bad faith, the said obligation should be exempted by the effect of the immunity decision.
2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor's right not entered in the list of creditors in bad faith is not entered in the list of creditors despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted. Therefore, when the debtor 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 debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if the debtor did not enter it in the list of creditors by negligence.
The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, the creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, the exemption is permitted and confirmed without any objective verification as to the grounds for non-permission of immunity stipulated in Article 564 of the above Act, and thus, the debtor goes beyond the responsibility of the debtor to pay his/her obligations in principle. Thus, it is intended to protect creditors who are at disadvantage without having the opportunity to participate in
Therefore, the obligor's bad faith with respect to the preparation of the list of creditors that do not coincide with the facts above.