대여금
1. Of the judgment of the court of first instance, it is against N's bankruptcy administrator D, who is the taking over of the lawsuit by Defendant D.
1. After May 13, 201, the Plaintiff transferred money equivalent to the amount of money to G.
G was loaned by H (hereinafter “H bank”) KRW 100 million on December 7, 2012, and KRW 200 million on December 11, 2012, KRW 300 million (hereinafter “G loans”).
On April 17, 2014, the Plaintiff, G, and Defendant D agreed to the effect that “Defendant D succeeds to the obligation to repay G loans, transfer the Plaintiff’s claim 32.3 million won to Defendant C, and Defendant D shall pay KRW 26.7 billion to G.”
G on June 27, 2016, on its own loan 300 million won (on December 7, 2012, KRW 100 million, KRW 200 million on December 11, 2012, KRW 200 million) transferred the credit to the Plaintiff, and notified Defendant D of the transfer of the credit around August 17, 2016.
[Reasons for Recognition] No dispute, Gap evidence Nos. 3, 4, 18, 24 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 29 and 30, and the purport of the whole pleadings
2. Defenses before the merits of Defendant D
A. Defendant D’s assertion that Defendant D is exempt from the Plaintiff’s obligation during the bankruptcy or exemption procedure of the court. As such, among the instant lawsuit, the claim portion against Defendant D is unlawful as there is no benefit of protection of rights.
B. According to the main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, an obligor who has been exempted is exempted from all liability for all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures. Thus, a claim on property arising prior to the declaration of bankruptcy against a debtor, i.e., a claim on property arising from a cause prior to the declaration of bankruptcy, when a decision to grant immunity against a debtor becomes final and conclusive, the ability to file a lawsuit that becomes natural obligation
(See Supreme Court Decision 2001Da3122 delivered on July 24, 2001, etc.). C.
Facts of recognition
Defendant D shall file a petition for bankruptcy (2017Hadan99) with the Cheongju District Court on February 22, 2017 and file a petition for immunity (2017Hadan99), and file a petition for immunity (2017Ma99) with the Cheongju District Court on July 3, 2017.