대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Although the Plaintiff’s assertion was made several times from August 201 to May 2015, the Defendant borrowed KRW 20,368,995 in total from the Plaintiff, the Defendant did not pay the Plaintiff at all until now. The Defendant is liable to pay the Plaintiff the said KRW 20,368,995 and the damages for delay.
2. The defendant's defense as to the legitimacy of the lawsuit is that the defendant received a decision of exemption permission from the court and exempted the plaintiff from the liability. First, we examine the legitimacy of the lawsuit of this case.
In this regard, the defendant filed a declaration of bankruptcy with the Jung Government District Court 2016Hadan328, and filed a ruling of bankruptcy on August 4, 2016 with the Jung Government District Court 2016Ma328, respectively, and received the ruling of adjudication of bankruptcy on August 4, 2016, and the ruling of permission of exemption on June 1, 2017, respectively. The fact that the ruling of permission of exemption became final and conclusive on June 20, 2017 does not conflict between the parties or is significant in this court. As such, when the ruling of permission of exemption against the bankrupt becomes final and conclusive, the bankrupt's obligation becomes natural obligation and becomes void, and thus, the lawsuit of this case does not have a benefit of protection of rights.
3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.