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(영문) 대전지방법원 2017.05.25 2017가단200754

구상금

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. In the lawsuit claiming the amount of indemnity filed by the Plaintiff against the Defendants, the appellate court revoked the first instance judgment on April 23, 2008, and rendered a judgment that “The Defendants jointly and severally paid to the Plaintiff KRW 259,216,905 and damages for delay thereof” (the Daejeon High Court 2007Na11833), and the said judgment became final and conclusive thereafter.

(hereinafter referred to as the “instant final and conclusive judgment”) B.

Defendant A applied for bankruptcy and immunity as the Daejeon District Court Decision 2008Hadan494, 2008 Ma4491 and 2008 Ma491, and was granted immunity on September 10, 2010. The decision of immunity became final and conclusive on September 25, 2010.

Defendant B filed for bankruptcy and immunity with the Daejeon District Court Decision 2008Hadan493, 2008 Ma4490, and obtained immunity on July 23, 2009. The decision to grant immunity became final and conclusive on August 11, 2009.

The relevant list of creditors of each of the above immunity decisions (hereinafter “each of the immunity decisions of this case”) states the Plaintiff’s claims against the Defendants according to the final and conclusive judgment related to this case.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 (including branch numbers, if any), and the purport of the whole pleadings as to the legitimacy of the lawsuit of this case as to the legitimacy of the lawsuit of this case, the plaintiff sought payment of the money stated in the purport of the claim against the defendants in order to suspend the prescription of the claim according to the final and conclusive judgment of this case. Thus, we examine ex officio the legitimacy of the lawsuit of this

According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted from liability shall be exempted from all of his obligations to a bankruptcy creditor, except for dividends arising from bankruptcy procedures.

Therefore, a bankruptcy claim that occurred before the debtor is declared bankrupt, i.e., a bankruptcy claim that occurred before the debtor is declared bankrupt, when immunity on the debtor becomes final and conclusive, the liability is extinguished in principle, and the right to file a lawsuit and the executive power of the debtor is lost

The above facts of recognition.