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(영문) 대구지방법원 2016.02.04 2015나14110

전세금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "the plaintiff in the second and sixth proceedings of the judgment of the court of first instance" is as follows; "the plaintiff in the second and sixth proceedings for the interruption of extinctive prescription of a claim established in the above judgment" is as follows; "(d) thereafter, the plaintiff filed a lawsuit against the defendant again for the interruption of extinctive prescription of a claim established in the above judgment on May 4, 2015; and (d) the part of the second to 15 of the first to 19 proceedings is deleted as follows: "The defendant continues against the plaintiff (Tgu District Court 2015Na505)"; (e) the part of the second to 13 proceedings is as "the security deposit claim of this case"; and (e) the part of the second to 20 proceedings "Nos. 1 through 4" is as "Nos. 1 through 3"; and (e) the part as stated in the main sentence of the Civil Procedure Act is as follows.

【Supplementary Use】

2. Determination on this safety defense

A. With respect to the Plaintiff’s claim for the payment of the security deposit of this case as the instant lawsuit, the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim because the Defendant was granted the immunity decision, and thus, the Plaintiff’s claim is examined as the instant security defense.

B. Where the decision to grant immunity to the debtor becomes final and conclusive, the debtor is exempted from all liability to the bankruptcy creditor. In such a case, the bankruptcy claim shall lose the ability and executory power of filing a lawsuit that has ordinary claims as natural debts.

Meanwhile, Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" is known that the obligor has a debt against a bankruptcy creditor before immunity is granted.