임대차보증금
1. The defendant shall pay 21 million won to the plaintiff and 20% per annum from August 4, 2005 to the day of complete payment.
1. Basic facts
A. On November 30, 2002, the Plaintiff leased 3 partitionss of Ulsan-gu 1st floor Slive building from the Defendant on a deposit with the lease deposit of KRW 35 million and two years.
B. On May 6, 2005, the Plaintiff filed a lawsuit against the Defendant for the return of the lease deposit (Ulsan District Court 2005Da14198) with regard to the remaining lease deposit amount of KRW 21 million (Ulsan District Court 2005Da14198).
C. On October 5, 2005, the Ulsan District Court rendered a judgment that "the defendant shall pay the plaintiff 21 million won with 20% interest per annum from August 4, 2005 to the day of full payment" and the above judgment became final and conclusive.
On the other hand, service of a copy of complaint against the defendant was carried out by public notice.
On April 1, 2005, the defendant filed a petition for bankruptcy and an application for immunity with the Ulsan District Court 2005Hadan183 and 2005Ha203. On November 21, 2005, the defendant was declared bankrupt on November 21, 2005 and became final and conclusive upon the decision of immunity on March 5, 2007.
E. The list of creditors of the above application for bankruptcy immunity is missing the Plaintiff’s claim for the return of the lease deposit.
[Reasons for Recognition] The significant facts in this Court, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Where a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim itself continues to exist, but it is impossible to compel the debtor to perform his/her obligations, and thus the claim exempted loses the ability to file a lawsuit with ordinary claims, and thus, the lawsuit on the discharged claims is unlawful as there is no benefit to protect the rights.
(See Supreme Court Decision 2015Da28173 Decided September 10, 2015). “Claims that an obligor has not entered in the list of creditors in bad faith” under Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) means that the obligor grants immunity.