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(영문) 부산지방법원 2019.05.15 2018나5666

대여금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the legitimacy of the instant lawsuit

A. Determination as to the benefit of a lawsuit 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Article 566 of the Debtor Rehabilitation Act provides that an obligor who has been exempted from immunity shall be exempted from all obligations to bankruptcy creditors except for dividends under the bankruptcy procedure. However, a bankruptcy claim shall not be exempted from liability for claims falling under any of the following subparagraphs. Thus, even if it is not entered in the list of creditors applying for immunity, the effect of immunity shall be exempted (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any subparagraph of Article 566 of the Debtor Rehabilitation Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). Here, the term “Immunity” means that a debtor still has an obligation, but it is impossible to enforce the performance of his/her obligation against the bankrupt debtor, and the exemption exemption becomes final and conclusive, i.e., the effect that the Defendant’s decision to grant immunity 2015Da28173, Sept. 10, 2015 (see, 2013).2).3).

3) Therefore, barring any special circumstance, the Defendant was exempted from liability under Article 566 of the Debtor Rehabilitation Act with respect to the instant claim, barring any special circumstance. B. Determination of the Plaintiff’s non-exempt claim 1) as to this, the Plaintiff’s claim.