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(영문) 창원지방법원 2020.11.12 2020가단4662
면책확인
Text

No. 652 of 208 No. 652 of 2008, a notary public has entered into a monetary loan agreement with Claw Firm. 26 February 26, 2008.

Reasons

1. The facts of recognition are that the plaintiff was declared bankrupt by the Changwon District Court on June 17, 2009 (No. 2008Hadan1131), the decision of immunity was granted on May 24, 2010 (No. 1132), and the decision of immunity became final and conclusive on June 8, 2010, and the defendant's claim based on the No. notarial deed (hereinafter "No. notarial deed of this case") recorded in the disposition was not entered in the list of creditors. Meanwhile, the defendant is not in dispute between the parties, or the defendant urged the plaintiff to perform his obligation based on the above No. notarial deed, or may be recognized by adding the whole purport of oral proceedings to the entries in No. 1 and No. 4.

2. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, an obligor who has been exempted is exempted from all obligations owed to bankruptcy creditors except distribution pursuant to bankruptcy proceedings, but the obligor is not exempt from all obligations owed to the bankruptcy creditors. The obligor is not in bad faith responsible for claims not entered in the creditors’ list, and the obligor’s burden of proof related to the obligor’s bad faith is borne

In this case, there is no evidence to prove that the defendant's claim based on the notarial deed of this case constitutes a claim not entered in the creditor list in bad faith, and eventually, the plaintiff's obligation against the defendant based on the notarial deed of this case is exempted.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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