대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The effect of immunity becomes final and conclusive when a decision on immunity against a debtor who has been declared bankrupt and who has been granted a decision on immunity before the declaration of bankruptcy becomes final and conclusive, the right to file a lawsuit and the executive power of the debtor who has a claim for property arising before the declaration of bankruptcy is invalidated.
According to the evidence Nos. 1 through 3, the defendant applied for bankruptcy and exemption on March 9, 2009 at the Seoul Central District Court 2009Hadan6176 and the above court 2009Ma6176 at the above court. The defendant served on the plaintiff on August 24, 2009 the time period for filing an objection and the notice of the creditor's right to file an objection, and the defendant was granted immunity on February 5, 2010 and the above immunity decision becomes final and conclusive.
Since a loan claim against the Defendant asserted by the Plaintiff arose due to the cause prior to the declaration of bankruptcy, the Defendant’s liability for the above loan claim was exempted upon the confirmation of the above immunity decision.
Therefore, since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.