손해배상(기)
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 51 million to the Plaintiff; and (b) as to the Plaintiff, March 2012.
The indication of the claim for judgment as to the claim against the defendant B: as shown in the attached Form.
A ground for recognition: Article 208 (3) 2 (self-guilty Judgment) of the Civil Procedure Act asserts that the defendant C, prior to the merits of the claim against the defendant C, obtained bankruptcy and immunity, is comprehensively exempted from all obligations.
Judgment
The effect of immunity, unless there are special circumstances, such as omitting claims in bad faith at the time of the application for immunity, is to lose the ability to file a lawsuit and the executive force of ordinary claims, which have been exempted from liability and become natural obligations, even though the immunity of the debtor before the declaration of bankruptcy becomes final and conclusive and is not entered in the list of creditors at the time of the application for immunity.
The Plaintiff asserts that Defendant C acquired KRW 51 million from the Plaintiff jointly with Defendant C around March 2012, as indicated in the grounds for the claim in the attached Form, and that Defendant C would seek payment of KRW 51 million and its delay damages jointly with Defendant B.
However, comprehensively taking account of the overall purport of evidence Nos. 2-1 and 2-2, Defendant C received a ruling of bankruptcy on March 17, 2014 in Suwon District Court 2012Hadern 9378, 2012Hadern 9378, and in the case of bankruptcy and immunity, and the same year.
8.21. 21. Recognizing the fact that the decision to grant immunity becomes final and conclusive;
In light of the above facts in light of the above legal principles, even if the Plaintiff’s claim for damages against Defendant C exists, the above claim was a claim arising from the cause prior to the declaration of bankruptcy, and there is no evidence to prove that Defendant C had omitted the Plaintiff’s claim in bad faith in the bankruptcy and exemption procedure. Therefore, Defendant C’s liability regarding the above damage claim was exempted from immunity upon the determination
The plaintiff's lawsuit against the defendant C.