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(영문) 인천지방법원 2018.09.13 2018가단13515

대여금

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The plaintiff is seeking the payment of the loan or the cost of goods against the defendants, and the defendants are exempted from the immunity decision.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that an obligor who has been exempted from liability is exempted from all obligations to bankruptcy creditors except for dividends under the bankruptcy procedure. Here, the term “exemption” means that an obligor continues to exist in his/her obligation, but it is impossible to enforce performance to the obligor. Thus, a claim for which exemption from liability becomes final and conclusive shall lose the ability to file a suit with respect to which the obligor has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of the overall purport of arguments in relation to the instant case, Defendant B sought exemption from liability against the Defendants on April 22, 2016 under the authority to file a petition for immunity with the court under the jurisdiction of Suwon District Court No. 2016Hadan1911, Apr. 16, 2016, which became final and conclusive upon the receipt of each of the Defendants’ respective application for exemption from immunity from liability under the same Act No. 16106, Mar. 16, 216, 2014, 20. 2016. 1620.

In relation to this, the Plaintiff asserted that the Defendants did not exempt the above obligation to repay the above obligation, since they knew of the existence of the Plaintiff’s above obligation, and did not enter it in the list of creditors.

On the other hand, the plaintiff's status is the list of creditors submitted by the defendants at the time of applying for each of the above immunity.