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(영문) 대전지방법원 2020.02.05 2019가단15646

구상금

Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant C Co., Ltd.: KRW 123,457,806 and 39.

Reasons

1. Determination as to Defendant D

A. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from the whole 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 exempt a debtor from liability becomes final and conclusive, a claim that has been exempted from liability would lose the capacity to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

In full view of the purport of the list of creditors submitted by Defendant D on January 28, 2020 and the purport of the entire pleadings, the above defendant filed a petition for adjudication of bankruptcy and exemption under the Suwon District Court Decision 2018Hadan2904, 2018Ha2904, 2018, and 2018, and the above court rendered a decision to grant immunity to the above defendant on November 7, 2019, and the above decision to grant immunity is recognized.

The claim for indemnity against the above defendant asserted by the plaintiff constitutes a bankruptcy claim as a property claim arising from a cause arising before the above defendant is declared bankrupt, and the above defendant was exempted from liability for the above claim for indemnity.

Therefore, the lawsuit against the above defendant among the lawsuit of this case should be dismissed because there is no benefit in the protection of rights due to the final decision of immunity against the above defendant.

2. Determination as to Defendant C Co., Ltd.

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);