beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 1, 2010, the Plaintiff asserted that the Seoul Central District Court (2010,2458, 2010Hadan2458) decided bankruptcy immunity (hereinafter “instant immunity exemption”). At the time, the Plaintiff did not know that there was a debt 16,438,289 and interest (hereinafter “instant debt”) against the Defendant, and thus, omitted the Plaintiff’s claim from the creditor list. Accordingly, the Defendant’s claim also has the effect of the instant immunity decision, and sought confirmation thereon.
2. Determination
A. Article 566 subparagraph 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 prior to the decision to grant immunity and fails to enter it in the list of creditors. Thus, when 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-exempt claim under the above provision of the Act.
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 would be deprived of the opportunity to file an objection, etc. to the claim within the procedure of discharge, and accordingly, the creditor would be relieved of the opportunity to file an objection, etc. to the claim within the procedure of discharge, and accordingly, without any objective verification as to the reason for refusing to grant the exemption as prescribed in Article 564 of the above Act, the permission of discharge and its final and conclusive discharge from the responsibility of the debtor to pay his/
Therefore, the debtor is responsible for preparing a list of creditors that does not fit the facts.