대여금
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. The Plaintiff asserted that on September 5, 2006, the Plaintiff lent KRW 235,000,000 to the Defendants at the monthly interest rate of 3%.
Therefore, the Defendants are obligated to pay the interest and delay damages from April 5, 2007 to each of the Plaintiff amounting to KRW 235,000,000.
2. We examine the legitimacy of the Plaintiff’s lawsuit against Defendant C prior to determining the legitimacy of the Plaintiff’s claim against Defendant C regarding the legitimacy of the lawsuit against Defendant C.
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to any property claim arising from a cause that occurred before the declaration of bankruptcy is declared bankrupt,” and Article 566 of the Act provides that “a debtor granted immunity shall be exempted from all of his/her obligations to bankruptcy creditors except for dividends arising from bankruptcy procedures: Provided, That a debtor granted immunity shall not be exempt from all of his/her obligations with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010). In addition, the term “Immunity” in this context means that a debtor is not able to enforce the performance of his/her obligations to the bankruptcy debtor, even if he
Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim that has been granted immunity would lose the ordinary capacity to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). Meanwhile, “a claim that is not entered in the creditors’ list in bad faith” under Article 566 Subparag. 7 of the Act refers to a case where a debtor knowingly knows the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the creditors’ list. Therefore, the debtor was unaware of the existence