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(영문) 서울중앙지방법원 2017.12.20 2017가단5136088

대여금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that the party's claim is as stated in the attached Form, and seeks the payment of the money stated in the claim.

The defendant asserts that the plaintiff cannot respond to the plaintiff's claim since the Incheon District Court 2014Gu3799 decided to grant immunity. Accordingly, the plaintiff asserted that the defendant failed to enter the creditor's list in bad faith in the above immunity procedure, and thus, the claim of this case constitutes non-exempt claim.

2. The fact that the Defendant’s decision on November 30, 2015 received a decision to grant immunity from Incheon District Court Decision 2014Da3799 on November 30, 2015 and the said decision to grant immunity became final and conclusive on December 15, 2015; however, the fact that the Plaintiff’s claim was not stated in the list of creditors of the above procedure for discharge does not conflict

However, each statement of evidence Nos. 1-10 alone is insufficient to acknowledge that the defendant did not enter the claim of this case in the creditor list in bad faith, and there is no other evidence to acknowledge it. Therefore, it is reasonable to deem that the claim of this case was invalidated by the power of action and executory power according to the confirmation of immunity

3. The instant lawsuit is unlawful as there is no benefit in the protection of rights, and thus, it is so decided as per Disposition by the assent of all participating Justices.