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(영문) 서울중앙지방법원 2016.05.12 2015가단180185

대여금등

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The defendant medical corporation, the Marine Medical Foundation, A, C, and C.

Reasons

1. A claim against the defendant medical corporation, the Marine Medical Foundation, A, C, or C, and the defendant medical corporation;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition (1) The defendant medical corporation, the Maritime Medical Foundation, and the Technion Corporation: Confession (Article 208(3)2 of the Civil Procedure Act). The defendant A and C: Service by publication (Article 208(3)3 of the Civil Procedure Act);

2. Claim against the defendant B

A. Defendant B asserts that the instant obligation was exempted.

Then, Defendant B was declared bankrupt on May 25, 2006 by Seoul Central District Court Decision 2006Hadan836, and was granted immunity on September 20, 2006 by the same court (2006Ma8561). However, the claim of this case sought by the Plaintiff does not have any particular dispute between the parties, and thus, the claim of this case is a bankruptcy claim in the end, since the cause of the claim of this case occurred before the declaration of bankruptcy against Defendant B was declared bankrupt, the claim of this case is a bankruptcy claim in the end, and since the claim of this case was natural obligation by being exempted from its liability pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act as a result of the decision to grant immunity became final and conclusive, the Plaintiff’s claim against Defendant B lost the Plaintiff’s right and executory power of

Ultimately, the Plaintiff’s claim against Defendant B is unlawful as there is no benefit of protection of rights, barring special circumstances.

B. As to this, the Plaintiff asserted that Defendant B did not enter the Plaintiff’s claim in the list of creditors in bad faith in obtaining immunity as above, and that this does not constitute non-exempt claim under Article 566 subparag. 7 of the above Act.

Therefore, according to the proviso of Article 566 and Article 566 subparagraph 7 of the above Act, "a debtor shall not be exempted from liability with respect to a claim not entered in the list of creditors in bad faith," and "a debtor's claim not entered in the list of creditors in bad faith."