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(영문) 울산지방법원 2017.02.16 2016가단56211

대여금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for claim;

A. On November 29, 2010, the Plaintiff: (a) on November 29, 201, lent the amount of KRW 30 million to the Defendant, 5% of the interest per month; and (b) on June 29, 2011.

B. From December 30, 2010 to March 2011, the Defendant repaid to the Plaintiff KRW 4.5 million in total as interest on the said loan.

C. Therefore, the defendant shall pay to the plaintiff the above loan amount of KRW 30 million and damages for delay.

2. Judgment on the main defense of this case

A. The gist of the assertion is that the Defendant received immunity from the court in the bankruptcy proceeding, and thus, the Plaintiff’s lawsuit in this case is unlawful.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 3 (including each number), the fact that the Defendant was declared bankrupt on July 8, 2013 by this Court No. 2013Han-44, and that the Defendant was granted immunity on February 10, 2014 by this Court No. 2013Han-244.

According to this, the defendant's debt against the plaintiff claimed by the plaintiff is exempted from its liability by the above immunity decision and became natural obligation.

Therefore, the lawsuit of this case is unlawful, since the plaintiff cannot file a lawsuit against the defendant for its implementation.

C. As to the Plaintiff’s assertion 1), the Plaintiff asserts that the Plaintiff’s loan claim against the Defendant against the Defendant constitutes a claim for damages arising from an intentional tort by deceiving the Plaintiff without intent to repay, and thus, it does not constitute a claim that is not exempt from immunity through a court’s immunity. However, there is no evidence to acknowledge the Plaintiff’s above assertion, and therefore, the Plaintiff’s assertion is unreasonable. 2) Next, the Plaintiff asserts that the Defendant, the obligor, did not enter the Plaintiff’s claim in the creditor list in bad faith

"Claims not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.