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(영문) 서울중앙지방법원 2016.05.11 2016가단5060467

양수금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to each description of Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) as to the cause of the claim, the facts such as the description of the cause of the claim in the annexed sheet are recognized.

2. Judgment on the defendant's defense

A. The Defendant, inasmuch as he/she received bankruptcy decision or immunity decision, raises a defense that the instant claim is unlawful.

According to the statements in Eul evidence Nos. 1 and 2, the defendant may recognize the fact that the decision to grant immunity on September 11, 2013, which was after the occurrence of the claim stated in the attached Form (hereinafter "claim in this case"), was rendered by the Seoul Central District Court Decision 2013Hadan5018, Nov. 15, 2013; and that the decision to grant immunity was confirmed on December 3, 2013. < Amended by Presidential Decree No. 24880, Nov. 15, 2013>

If a decision to grant a discharge to a bankrupt becomes final and conclusive, the bankrupt’s obligation is natural obligation and the ability and executory power of the suit is lost, and the suit in this case is unlawful as there is no benefit of protection of rights.

B. The plaintiff asserts that the defendant's liability is not exempted because he did not enter the claim of this case in the creditor list in bad faith.

According to the evidence No. 3, it can be acknowledged that the defendant did not enter the claim of this case in the creditor list while filing a petition for bankruptcy.

However, in light of the circumstances in which the Plaintiff’s total amount of claims stated in the list of creditors reaches KRW 1.6 billion, and where the Plaintiff entered all the claims indicated in the certificate of surety obligation issued by the Industrial Bank of Korea, the first creditor of the instant claim, in the list of creditors (see, e.g., evidence Nos. 3 and 4), it is insufficient to recognize that the Defendant did not enter the claims in the list of creditors in bad faith.

Therefore, the plaintiff's assertion is without merit.

3. The instant lawsuit is dismissed.