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(영문) 창원지방법원 2019.05.29 2019가단3519

상속채무금

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff asserted that he lent KRW 85,000,000 to D on October 21, 2002.

D The death of June 25, 2006, and the defendant succeeded to D, so the defendant is obligated to return the amount stated in the purport of the claim, which is the remaining principal and interest of the above loan.

2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that “The obligor who has obtained immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures.”

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit with ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the evidence Nos. 1 and 2 as well as the overall purport of the evidence Nos. 1 and 1 and 2, the Defendant filed an application to grant immunity for bankruptcy and immunity (see, e.g., Chuncheon District Court Decision 2013Hadan198, 2013: 197), and entered the Plaintiff’s claim in the list of creditors at the time, and the said court rendered a decision to grant immunity to the Defendant on Oct. 10, 2013, and such decision is recognized respectively.

According to the above facts of recognition, since the plaintiff's loan claims lose the ability to file a lawsuit that has ordinary claims as the immunity decision against the defendant became final and conclusive as above, the lawsuit in this case is unlawful as there is no benefit of protection of rights.

3. Conclusion, the instant lawsuit is unlawful and dismissed.