양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
judgment of the first instance.
1. Facts of recognition;
A. On June 8, 2008, the Defendant prepared and delivered to C a letter stating that “The amount of KRW 1.5 million equivalent to 1/3 of the amount of goods shall be repaid by June 16, 2008, and the remaining amount shall be repaid by half per week” (hereinafter “each letter of this case”).
B. On March 14, 2016, the Plaintiff received KRW 4,569,00 (hereinafter “instant commodity price claim”) from C to the Defendant, and C sent the notice of assignment of claims to the Defendant by content-certified mail around March 21, 2016.
C. Meanwhile, around September 30, 2014, the Defendant applied for bankruptcy and exemption as Seoul Central District Court 2014Hadan9700, 2014da97000, and decided to declare bankruptcy on December 22, 2014; and “the decision to grant immunity on August 10, 2015” is referred to as “the decision to grant immunity.”
(3) The lower court determined that the lower court’s decision to grant immunity was final and conclusive on August 27, 2015, and at the time, the claim for the payment of the instant goods was omitted in the creditors’ list. 【The testimony and the entire purport of the arguments by the witness A and witness C of the lower court, based on recognition.”
2. (1) Determination: (a) The right and executory power of filing a lawsuit which is normally liable and has an ordinary claim due to natural obligation shall be lost, even if a decision to grant immunity against a debtor who has been granted a decision to grant immunity prior to the declaration of bankruptcy becomes final and conclusive, and is not entered in the list of creditors at the time of filing an application for immunity, unless there are special circumstances, such as omitting a claim in bad faith.
In this case, the fact that the decision to grant immunity of this case becomes final and conclusive, and the fact that the claim for the release of this case is a claim arising from the cause before the declaration of bankruptcy against the defendant is deemed to have lost the right and executory power to file a lawsuit. Accordingly, the lawsuit in this case is unlawful because there is no benefit to protect the rights.
(2) As to this, the Plaintiff’s claim for the price of the instant goods by the Defendant.