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(영문) 의정부지방법원포천시법원 2019.12.19 2019가단607
청구이의
Text

1. The defendant's order for the payment of the contract deposit case against the defendant's plaintiff at the Gocheon District Court 2007 tea 1648.

Reasons

1. Facts of recognition;

A. On November 27, 2007, the Defendant applied for a payment order against the Plaintiff, Company C, and D with the agreed amount of KRW 10,549,510 (hereinafter “instant agreement”) and damages for delay, and received the payment order (hereinafter “instant payment order”) from the above court on November 27, 2007. The above payment order was finalized on December 30, 207, and the Plaintiff did not raise any objection, and the above payment order was finalized on December 30, 207, and the claim for the above payment order against Company C was made by public notice with the same court 2008Ga1219.

B. On February 16, 2010, the Plaintiff was declared bankrupt at the Seoul Central District Court by 2009Hadan24684, and on May 3, 201, the same court rendered a decision to grant immunity by 2006Ka24684 (hereinafter “instant decision to grant immunity”). The said decision to grant immunity became final and conclusive around that time.

On the other hand, the creditor list prepared at the time did not include the defendant's claim for the contract amount in the name of the defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, purport of whole pleadings]

2. The term “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Thus, if an 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 under the above provision of the Act (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). The fact that at the time of immunity in the instant case, the claim under the name of the Defendant was not entered in the list of creditors

However, each of the above facts and Gap evidence Nos. 7, 8, and Eul evidence Nos. 2 (including paper numbers).

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