대여금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. Determination on the lawfulness of the instant lawsuit
A. The Plaintiff asserts that from October 2006 to May 2007, the Plaintiff lent a total of KRW 23,700,000 to the Defendant, and sought the payment of the above loan ex officio. We examine whether the instant lawsuit is lawful or not.
B. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a debtor who has been exempted from liability is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim, becomes final and conclusive as a result of a decision to grant immunity on the debtor, and thus, the debtor loses the ability to file a lawsuit and the power of executory power, which ordinarily
In the instant case, comprehensively taking account of the overall purport of the pleadings in the statement Eul evidence No. 2 (including additional numbers), it is recognized that the Defendant was declared bankrupt on March 25, 2013 by the Ulsan District Court 2012Hadan388, and the decision of immunity was confirmed on July 9, 2013 upon receipt of the decision of immunity from June 24, 2013 by the court 2012Ha387 at the same court as of June 24, 2013, and the above decision of immunity became final and conclusive on July 9, 2013. Even according to the Plaintiff’s assertion, the instant loan claim sought by the Plaintiff was arising from the cause before the Defendant is declared bankrupt, and there is no evidence to deem that the Defendant did not know the existence of the instant loan claim, and thus, the instant loan claim claimed by the Plaintiff lost the ability to institute a lawsuit and executive force with ordinary claims
Therefore, the instant lawsuit is unlawful because there is no benefit in protecting the rights.
2. The decision of the court of first instance is unlawful and dismissed, and the decision of the court of first instance is unfair and thus, it is ordered to revoke the lawsuit of this case and dismiss it.