대여금
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant D shall pay to the Plaintiff KRW 47,000,000 as well as to the Plaintiff on July 2, 2006.
1. A claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim, becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act with respect to the debtor as to the legitimacy of a lawsuit against the defendant B, and the right to file a lawsuit and the power of executory power that ordinarily holds a claim due to a natural obligation shall be extinguished in principle.
In addition to the statements in Eul evidence Nos. 1, 2, and 3, the purport of the entire pleadings is as follows: (a) Defendant B filed for bankruptcy and immunity on February 25, 2008 with the Seoul Central District Court Decision 2008Hadan500, 2008Ma5500, and 2008Ma5500, and the decision of immunity becomes final and conclusive on November 15, 2008; and (b) the fact that the list of creditors submitted by Defendant B in the above case of bankruptcy and immunity included the loan claims of KRW 56 million for which the Plaintiff seeks payment by the lawsuit in this case.
According to the above facts, even if the existence of the loan claim for which the Plaintiff sought payment against Defendant B by the instant lawsuit is recognized, the right and executory power of filing a lawsuit had ordinary claims according to the determination of the above immunity decision was lost.
Therefore, the plaintiff's lawsuit against the defendant B is unlawful because there is no benefit of protection of rights.
2. Determination as to the claim against Defendant D
A. In addition to the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 4, the defendants prepared a certificate of borrowing (Evidence No. 4) with the purport that the defendants borrowed KRW 47 million from the plaintiff by setting the maturity of April 13, 2006 and the interest rate of KRW 2 million. On the same day, the defendants issued a promissory note with the face value of KRW 56 million in the future of the plaintiff, the due date of July 30, 2006, and prepared a notarial deed with the title of execution on the movables owned by the defendant as the title of execution on December 2006.