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(영문) 대구지방법원서부지원 2017.11.14 2017가단7754

대여금

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B shall pay to the Plaintiff KRW 50,000,000 and this shall be October 1997.

Reasons

1. On December 19, 1995, the Plaintiff lent KRW 50,000,00 to Defendant C, and the Daegu District Court filed a lawsuit under the Daegu District Court 97Gahap20490 and the above court 2007Gadan9206, which had not been repaid until now, claimed that the instant lawsuit was filed for the extension of prescription.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim against a debtor arising prior to the declaration of bankruptcy shall be a bankruptcy claim," and the main text of Article 566 of the same Act provides that "a debtor who has been exempted shall be exempted from all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures," and the exemption here means that a debtor himself/herself remains in existence, but he/she cannot compel the debtor to perform his/her obligations.

When a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim entitled to immunity shall lose the ordinary ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of each of the entries and arguments set forth in Articles 1, 2, 3, and 1 through 4 (including serial numbers), the Plaintiff loaned KRW 50,00,00 to the Defendant C on December 19, 195; the Plaintiff filed a lawsuit claiming the above loan with the Daegu District Court Decision 2007Da92206, Dec. 28, 2007; on the other hand, the delivery of the loan to Defendant C was conducted by public notice; on the other hand, Defendant C may be recognized as having been granted immunity by means of bankruptcy under the Daegu District Court Decision 2010No1859, 209, 2010 and 1981.

According to the above facts of recognition, the Plaintiff’s claim for payment to Defendant C in this case is the property claim arising from the cause before the declaration of bankruptcy, and the decision to grant immunity to Defendant C became final and conclusive.