대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the purport of the entire pleadings as to the evidence No. 2 of the judgment as to the cause of the claim, the facts as shown in the annexed sheet are recognized.
2. Judgment on the defendant's defense
A. The Defendant, inasmuch as he/she received bankruptcy decision or immunity decision, raises a defense that the instant claim is unlawful.
According to the evidence evidence No. 1, the Defendant’s declaration of bankruptcy on May 23, 201, which was after the occurrence of the claim indicated in the annexed sheet (hereinafter “the claim of this case”) by the Seoul Central District Court 2010Hadan15410, and on February 10, 2012, the above court 2010Ma15410, and the decision of immunity becomes final and conclusive.
If a decision to grant a discharge to a bankrupt becomes final and conclusive, the bankrupt’s obligation is natural obligation and the ability and executory power of the suit is lost, and the suit in this case is unlawful as there is no benefit of protection of rights.
B. The plaintiff asserts that the defendant's liability is not exempted because he did not enter the claim of this case in the creditor list in bad faith.
According to Gap evidence No. 1, the defendant's petition for bankruptcy can be acknowledged that the defendant did not enter the claim of this case in the creditor list.
However, it is insufficient to recognize that the Defendant did not enter the instant claim in the creditor list in bad faith only with the statement of No. 2.
Therefore, the plaintiff's assertion is without merit.
3. The instant lawsuit is dismissed.