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(영문) 의정부지방법원고양지원 2020.11.27 2020가단85852
판결금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Determination on this safety defense

A. The defendant asserts that the debt against the plaintiff was exempted from immunity upon receiving a decision to grant immunity.

B. Property claims arising from the cause before the debtor is declared bankrupt, i.e., bankruptcy claims, even if the immunity decision on the bankrupt becomes final and conclusive and is not entered in the list of creditors at the time of application for immunity, insofar as it does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act is exempted from liability and the ability and executory power of filing lawsuits which ordinarily have claims by becoming natural debt.

The fact that the Defendant was granted immunity by the District Court 2014Da3686 on March 11, 2016 is either a dispute between the parties, or that the entries in the evidence No. 1 include the whole purport of the pleadings.

Therefore, barring any special circumstance, barring any special circumstance, the instant lawsuit is unlawful as there is no benefit in the protection of rights, as the Plaintiff’s claim for judgment against the Defendant is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and loses its executive force

C. As to this, the Plaintiff asserts that the claim in this case constitutes non-exempt claim, since the Defendant knew of the existence of the claim in this case at the time of applying for bankruptcy and exemption and did not enter it in the list of creditors.

"Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.

When the debtor was unaware of the existence of his/her obligation, even if he/she was negligent in not knowing the existence of the obligation, the non-exempt claim under the above provision.

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