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(영문) 서울중앙지방법원 2015.05.14 2015가단1862
면책확인
Text

1. It is confirmed that the Plaintiff’s obligation in the separate sheet against the Defendant was exempted.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff, upon filing a petition for bankruptcy and application for immunity with the District Court, was declared bankrupt by the said court at the lower court, and was granted immunity by 310 on March 25, 2014. The said decision became final and conclusive on April 9, 2014.

B. The defendant acquires and holds the bonds listed in the separate sheet against the plaintiff.

[Reasons for Recognition] Each entry and whole purport of oral argument in Gap 1 through 4 (including virtual number)

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff applied for bankruptcy and exemption from liability because he could not cope with multiple debts, and that at the time of the application, the Korea Federation of Banks confirmed the obligation through the Integrated Credit Information Mediation Committee, and that the obligation against the Defendant was not verified, and that the Plaintiff did not have partially omitted the obligation against the Defendant, and that the obligation against the Defendant was exempted from liability.

In this regard, the defendant's loan case of Daewoo Capital (after changing the trade name): around September 2002, when the plaintiff purchased the vehicle and established the right to collateral security while the plaintiff purchased the vehicle, and treatment Capital was ordered to obtain the provisional attachment against the automobile, the right to claim the return of the lease deposit, the seizure and collection order of the claim against the automobile, and the seizure and collection order of the insurance money. Since the plaintiff was appropriated as the proceeds of the vehicle sales, he did not enter the above obligation in the creditor's list by negligence, the plaintiff asserts that the above claim constitutes non-exemptable bonds.

(b) The claim (1) as referred to in Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, which is not entered in the list of creditors in bad faith, means the case where the debtor knows the existence of the obligation against the bankruptcy creditor before immunity is granted, and is not entered in the list of creditors.

In other words, when the debtor was unaware of the existence of the obligation, he did not know it.

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