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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 12, 2013, the Plaintiff and D drafted a notarial deed under a monetary loan agreement (hereinafter referred to as “notarial deed of this case”) to the effect that if a notary public fails to perform his/her obligation of KRW 3,000,000 (30% per annum, March 19, 2013, no interest exists, and delay damages) as of February 14, 2013, the Defendant was immediately subject to compulsory execution, even if he/she was subject to compulsory execution.
B. On August 31, 2015, the Plaintiff was granted immunity by the Incheon District Court 2015Ra161, but the said list of creditors did not contain the Defendant.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion was omitted without knowing the existence of the Defendant’s obligation at the time of filing an application for bankruptcy exemption, the effect of the exemption exemption of this case extends to the Defendant’s obligation against the Defendant.
B. The Defendant’s assertion was known to the existence of the instant claim, and even if so, did not know it by negligence.
This is also a non-exempt claim.
3. Determination
A. “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter the same in the list of creditors. Therefore, 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 under the above provision, but if the obligor was aware of the existence of an obligation, even if he did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under
The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors is not entered in the list of creditors.