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(영문) 서울중앙지방법원 2016.10.25 2016가단71172
면책확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 16, 2011, the Plaintiff entered into a contract with the Defendant for the commission of an insurance solicitor, but was dismissed on December 1, 2011. The sum of the amount of unpaid settlement, such as fees for new contracts, to be refunded to the Defendant according to the criteria for the payment of fees applicable to the contract for the commission of the said insurance solicitor, and the amount of unpaid settlement support fees, is KRW 1,712,351 (2,07,07,812, 324,239,29, 461, Seoul Guarantee Insurance Collection (295,461, 1,273,166).

B. On January 6, 2016, the Plaintiff filed a petition for bankruptcy and immunity with the Changwon District Court Decision 2016Hadan20 and 2016Ha20,200. At the time, the list of creditors submitted by the Plaintiff was written only the obligations against the Defendant, and the obligation to recover fees was omitted.

C. On April 20, 2016, the Changwon District Court rendered a decision to grant immunity to the Plaintiff, which became final and conclusive on May 5, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the parties' arguments

A. 1) The Plaintiff asserts that, in the course of the bankruptcy and application for immunity in this case, the Plaintiff did not omit the Defendant’s claim for the collection of fees in the list of creditors, but did not have been maliciously omitted, the Plaintiff’s obligation against the Defendant was also exempted by the decision of immunity in this case. 2) The Defendant asserts that, inasmuch as the Plaintiff knew of the existence of the Defendant’s claim for the collection of fees in bad faith, the Plaintiff omitted it from the list

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).

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