대여금(시효연장)
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
We examine the legitimacy of the instant lawsuit.
When the Plaintiff filed a claim against the Defendant for a loan to extend the extinctive prescription of a claim against the Defendant by a final and conclusive judgment (U.S. District Court Decision 2006Da3721, May 22, 2006, July 22, 2006), the Defendant asserted that the Defendant was subject to bankruptcy and immunity after the said final and conclusive judgment.
Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be entitled to a bankruptcy claim against a debtor prior to the declaration of bankruptcy, and Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, in this context, the effect of immunity is that a debtor is still bankrupt, but it is not possible to compel the performance of his/her obligations to the debtor:
Therefore, when a decision on immunity against a bankrupt debtor becomes final and conclusive, the claim that has been exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the entry and pleadings in the evidence Nos. 1 and 2, the Defendant was declared bankrupt by Suwon District Court 201Hadan624, Dec. 1, 201; and the fact that the immunity is final and conclusive upon being granted exemption by Suwon District Court 201Da624, Mar. 22, 2012.
Therefore, this case’s loan claim against the Defendant alleged by the Plaintiff constitutes a bankruptcy claim as the cause occurred before the Defendant was declared bankrupt, and thus, the above immunity exemption is granted.