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(영문) 서울남부지방법원 2019.10.10 2019나51251
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant entered into a sales consignment agreement with the Plaintiff on February 5, 1994 and received reference, etc. from the Plaintiff while operating a book store with her husband C.

B. On December 5, 2008, the Defendant filed an application for bankruptcy and exemption with the Jeonju District Court No. 2008Hadan3929, 2008 Ma3931, and was declared bankrupt on September 11, 2009, respectively, and was decided to grant exemption on February 11, 201, and the decision to grant exemption became final and conclusive on February 26, 201, and the Defendant did not enter the claim against the Plaintiff in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. On February 11, 2011, the Plaintiff filed a claim for the payment of KRW 17,713,100 for the goods under the sales consignment agreement, the Defendant asserts that the claim for the payment of the goods was exempted by the decision to grant the exemption.

B. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted from liability under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), is exempted from all of his/her obligations to any bankruptcy creditor except dividends pursuant to the bankruptcy procedure. The fact that the defendant filed an application for bankruptcy and exemption and received a decision to permit the exemption from liability is as stated in the facts based on the above facts. Thus, the claim for the price of goods asserted by the plaintiff constitutes a claim for property arising from a cause arising before the bankruptcy is declared, and thus, the defendant's

C. As to this, the Plaintiff asserts that, at the time when the Defendant filed an application for bankruptcy and exemption, it does not constitute a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act, since he was aware of the existence of the claim for the price of goods and did not enter it in the creditor list.

1. The obligor under Article 566 subparagraph 7 of the Debtor Rehabilitation Act shall not be entered in the list of creditors in bad faith.

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