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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On July 15, 2013, the Plaintiff was granted immunity from Daejeon District Court (2013.150). The Plaintiff asserts that, in bad faith, the Plaintiff did not omit the Plaintiff’s obligation to state its claim against the Defendant (hereinafter “instant obligation”) from the list of creditors, the said obligation was also exempted from immunity from immunity.
Judgment
Comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence No. 2, the plaintiff was declared bankrupt by the Daejeon District Court (2013Hadan150) on May 28, 2013, and the decision of immunity was made from the above court (2013 Ma150) on July 15, 2013, and the above decision of immunity became final and conclusive on July 30, 2013 (hereinafter “instant bankruptcy bankruptcy bankruptcy bankruptcy case”), and the list of creditors of the bankruptcy bankruptcy and immunity case of this case can be acknowledged that the debt of this case is not stated in the list of creditors of the bankruptcy and immunity case of this case.
“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) refers to cases where a debtor 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, if the debtor 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 Act, but if the debtor knew of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim under the above Act, even if the debtor
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, that creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure, and accordingly, Article 564 of the Act is prescribed.