채무부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
The Busan District Court Decision 2007Na11078 Decided August 22, 2008, which claimed by the defendant against the plaintiff, ruled in favor of the defendant. In addition, since the defendant was not notified of the plaintiff's application for immunity and decision at all, the judgment of the court of first instance which rejected compulsory execution of the above judgment according to the above decision of exemption is unfair.
Judgment
Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that an obligor granted immunity shall be exempt from all liability for all obligations to bankruptcy creditors except for dividends under the bankruptcy procedure: Provided, That a claim falling under any of the following subparagraphs shall not be exempted. As such, a bankruptcy claim listed in the creditors’ list shall be exempted from liability with the effect of immunity unless it falls under any subparagraph of Article 566 of the Debtor Rehabilitation Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Here, the term “Immunity” means that, although it still exists, it is impossible to enforce performance against a bankrupt debtor, the exempted claim shall lose the ability to file a lawsuit with the ordinary claim (see Supreme Court Decision 2015Da28173, Sept. 10, 2015; 2003Da357500, Mar. 15, 200, the Plaintiff’s claim shall be deemed to fall under one of the following subparagraphs: