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(영문) 서울중앙지방법원 2016.11.01 2016가단5084418
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Where a decision to grant permission for discharge to the debtor becomes final and conclusive, the debtor shall be exempted from all his/her obligations to any bankruptcy creditor, and in such cases, the debtor shall lose the ability to file a lawsuit that has ordinary claims and the executory power of filing a lawsuit that becomes natural obligations.

Meanwhile, Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the list of creditors in bad faith by an obligor" means a case where the obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted 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 as provided in the above Article even

(1) In light of the overall purport of the pleadings in the evidence Nos. 2010Da49083, Oct. 14, 2010 (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 201). In full view of the overall purport of the pleadings in the evidence Nos. 201 through 4, the Defendant rendered a bankruptcy and application for immunity as of Nov. 25, 201, and received a decision of immunity from the above court on Sept. 2, 2013 (hereinafter referred to as “instant decision of immunity”), and the said decision of immunity becomes final and conclusive on Sept. 17, 2013; the Defendant is recognized to have failed to enter the Plaintiff’s claims for joint and several surety in the list of creditors prepared and submitted by the court upon filing an application for bankruptcy and exemption.

However, in light of the fact that the Defendant knew of the existence of the above joint and several surety claims by the Plaintiff and did not enter them in the list of creditors, there is no evidence to acknowledge it. Rather, the following circumstances, namely, the Defendant, at the time of applying for bankruptcy and exemption, can be comprehensively considered as a whole the purport of the arguments.

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