대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 29, 2010, the Defendants asserted that the Plaintiff borrowed KRW 200,000,000 from the Plaintiff as interest rate of KRW 2.5,000 from the Plaintiff, and the Defendant C borrowed KRW 230,00,000 from the Plaintiff as interest rate of KRW 2.5,000 on February 10, 201, and drafted a certificate of borrowing.
Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the claims.
2. The Defendants asserted that the claim of this case regarding the defense prior to the merits had been declared bankrupt.
According to the statements in Eul evidence Nos. 1 through 8, defendant C was declared bankrupt on May 19, 2014 by Suwon District Court 2013Haak3886 to Suwon District Court 2013Haak 3886 to May 19, 2014, and the decision to grant immunity was granted on August 20, 2015 by Suwon District Court 2013 Ma3886 to Suwon District Court. The decision to grant immunity became final and conclusive around that time, Defendant B was declared bankrupt on August 13, 2013 by Seoul Central District Court 2013Hahap15 to 2013, and the fact that the bankruptcy proceeding was abolished on March 13, 2014 is recognized.
The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that an obligor who has been exempted from liability is exempted from all liability for all obligations owed to any bankruptcy creditor, except distribution under 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 exempt from immunity is deprived of the right to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Therefore, the part against Defendant C among the instant lawsuit is unlawful as there is no benefit of protecting the rights.
In addition, according to the Debtor Rehabilitation Act, when the debtor is declared bankrupt, the bankruptcy claim cannot be exercised without resorting to the bankruptcy procedure (Article 424), and the bankruptcy claim as it is is, unless there is an objection by the bankruptcy trustee, etc. with respect to the reported bankruptcy claim.