양수금
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The Plaintiff:
A. Defendant A Co., Ltd. is comprised of KRW 278,203,232 and that.
1. The plaintiff has made the same claim as the statement in the reasons for the claim in the annexed sheet. Since the claim is well-grounded, it is so decided as per Disposition.
2. Defendant B asserted that Defendant B was declared bankrupt and granted immunity pursuant to the Debtor Rehabilitation and Bankruptcy Act, and the Plaintiff’s filing of a lawsuit is unlawful. Defendant B’s defense against the purport that the Plaintiff’s filing of the lawsuit is unlawful.
In other words, a claim on property arising from a cause before the declaration of bankruptcy against a debtor, namely, a claim on a bankruptcy claim, when a decision to grant immunity against a bankrupt becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the right to file a lawsuit and the executive force of an ordinary claim shall be extinguished as a matter of principle and become natural obligation. Defendant B was declared bankrupt in the case No. 2011, No. 2427, No. 2013Hadan2426, Sept. 24, 2012, and the above decision to grant immunity became final and conclusive, and thus, the Plaintiff’s claim against the defendant B was arising from a cause arising before the declaration of bankruptcy, and thus the right to file a lawsuit and executive force of an ordinary claim upon the confirmation of a decision
As such, the plaintiff's lawsuit against the defendant B is unlawful because there is no benefit of protection of rights.
(B) The Plaintiff’s claim is not indicated in the creditor list in the bankruptcy proceeding of Defendant B, but there are no circumstances to deem it as constituting non-exempt claims). Therefore, the Plaintiff’s lawsuit against Defendant B is dismissed, and it is so decided as per Disposition.