대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The exempted debtor shall be exempted from all liability to the bankruptcy creditors except for the distribution under the bankruptcy procedures.”
The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.
Therefore, when a decision to grant immunity to a debtor in bankruptcy becomes final and conclusive, the claim that has been granted immunity would lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the statement and the entire argument concerning this case’s health class, B’s evidence Nos. 1 through 5 (including the serial number), the Defendant filed an application for bankruptcy and immunity with the Changwon District Court No. 2018Hadan498, 2018, 494, and the Defendant was declared bankrupt on June 19, 2018 and was granted immunity on October 26, 2018, and the aforementioned decision to grant immunity becomes final and conclusive on November 13, 2018.
As a result, the defendant's liability was exempted with respect to the principal and interest of the loan to the plaintiff, and since the plaintiff's claim for the principal and interest of the loan to the defendant was lost, the plaintiff's lawsuit against the defendant is unlawful.