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(영문) 서울중앙지방법원 2017.05.30 2017가단5054742

양수금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The defendant asserts to the effect that the lawsuit of this case is unlawful, since he/she received a decision to grant bankruptcy or immunity.

In light of the purport of the entire argument in the statement in Eul evidence No. 1, the defendant is recognized as having been declared bankrupt and granted immunity by the Seoul Central District Court No. 2015Hadan1382, 2015Ma1382, 2015, after the occurrence of each of the claims listed in the separate sheet (hereinafter “each of the claims in this case”).

Therefore, barring special circumstances, each of the instant claims is unlawful because the right to file a lawsuit and executory power are lost, barring special circumstances. Therefore, the instant lawsuit is unlawful as there is no benefit to protect rights.

The Plaintiff asserts to the effect that “the Defendant is not exempt from liability because he did not enter each of the instant claims in the creditors list in bad faith.”

In light of the examination, there was a circumstance that it was difficult for the Defendant to obtain immunity when entering each of the claims of this case in the creditor list.

In light of the fact that no circumstance exists to intentionally omit only the Plaintiff’s respective claims of this case while entering the claims of other creditors, etc., it is difficult to deem that the Defendant, despite being aware of the existence of each claim of this case, did not enter in the list of creditors in bad faith.

Therefore, the plaintiff's above assertion is without merit.

Thus, the lawsuit of this case is unlawful and dismissed.