대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments;
A. A. On May 15, 1995, the Plaintiff lent bank bills issued by the Plaintiff to the Defendant, with the face value of KRW 50,000,000,000, under the condition that the Plaintiff would repay to the Defendant not later than December 15, 1995, but the Plaintiff did not repay the bills on behalf of the Plaintiff. The Defendant’s debt related to the said bills is KRW 32,028,000 as of June 30, 2013, and KRW 35,931,298 as of December 31, 2013.
Therefore, the defendant is obligated to pay the above KRW 35,931,298 and damages for delay to the plaintiff.
B. The plaintiff's claim is unjustifiable because the defendant was declared bankrupt or exempted from liability.
2. Determination on the legitimacy of the instant lawsuit
A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), an obligor granted immunity is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim against the debtor, becomes final and conclusive and conclusive, and thus, the obligor loses the ability to file a lawsuit and executive force that has ordinary claims by extinguishing his/her responsibility in principle.
B. In addition to the overall purport of the arguments in the evidence Nos. 1, 2, and 3 in this case, the fact that the Defendant was declared bankrupt by the Seoul Central District Court 2015Hadan9392, and that the decision of immunity became final and conclusive upon the receipt of the decision of immunity by the Seoul Central District Court 2015Ma9392 on May 16, 2016, and the list of creditors of the above bankruptcy and exemption case: A: The date of borrowing: December 15, 1995; 32,028,00 won; and the place of using: the amount of indemnity, respectively.
C. According to the above facts of recognition, the Plaintiff’s claim in this case constitutes a bankruptcy claim, and the decision to grant immunity against the Defendant becomes final and conclusive.