양수금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 17, 2002, the Defendant received a loan by setting the amount of five million won from Malaysia Co., Ltd. on April 17, 2002 at the rate of 39% per annum on April 17, 2007 as repayment date.
B. The Defendant did not pay KRW 3,762,091 out of the loan principal and the interest thereon to Malaysia Co., Ltd.
(hereinafter referred to as “the principal and interest claim of this case”) C.
On September 30, 2004, Malaysia Co., Ltd.: on March 23, 2005, YID Co., Ltd.: on March 23, 2005, YID Co., Ltd. transferred each of the instant loan claims to the Plaintiff on May 30, 2014; and the Plaintiff notified the Defendant of the assignment of claims on June 12, 2014.
On the other hand, on November 17, 2014, the Defendant applied for bankruptcy and immunity as the Changwon District Court No. 2014Hadan1909 and 2014Ma1919, and was declared bankrupt on December 8, 2014, and was granted immunity on February 2, 2015, and the above immunity became final and conclusive on February 17, 2015.
[Basis] Evidence Nos. 1 through 5, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Judgment on the defendant's main defense of safety
A. As to the Plaintiff’s claim for the payment of the instant loan against the Defendant, the Defendant’s claim for the payment of the instant loan, which became final and conclusive by the decision to grant immunity against the Defendant, shall be the ground of safety objection.
B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides, “The exempted debtor shall be exempted from all liability to the bankruptcy creditor except for the distribution under the bankruptcy procedure.” Here, the term “the exemption” means that the debtor in bankruptcy still has the obligation itself, but is not able to enforce the performance.
Therefore, a bankruptcy claim that occurred before the debtor is declared bankrupt, i.e., a bankruptcy claim becomes final and conclusive, and the debtor's immunity becomes final and conclusive.