양수금
The instant lawsuit is dismissed.
Costs of lawsuit shall be borne individually by each person.
1. As to the Plaintiff’s lawsuit of this case claiming payment against the Defendant, by asserting that there exists a claim for transfer money, such as the entries in the purport of the claim against the Defendant as to the lawfulness of the lawsuit of this case, the Defendant asserted that the lawsuit of this case is unlawful since the Defendant was granted immunity
According to the overall purport of evidence Nos. 1 and 2, the Defendant is granted immunity from the above court on December 11, 2019 upon filing an application for individual bankruptcy and exemption from liability under the Suwon District Court Decision 2019Hadan516, 2019Ma516, and the above immunity from immunity from the above court on December 11, 2019. The above immunity from immunity is established at that time. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The claim against the debtor arising before the declaration of bankruptcy shall constitute a bankruptcy claim.” The main text of Article 566 of the same Act provides that “the debtor who has received immunity from the bankruptcy procedure shall be exempted from all obligations against the bankruptcy creditor except dividends under the bankruptcy procedure.” Thus, even if the bankruptcy claim was not entered in the list of creditors of the application for immunity, barring any special circumstance, the Plaintiff shall be deemed to have been exempted from its liability as the effect of immunity (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).
2. In conclusion, the lawsuit of this case is unlawful as there is no benefit of protection of rights, and thus, it is so decided as per Disposition.