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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Comprehensively taking account of the overall purport of the pleadings in the statement No. 2-1 through 9 and No. 4, the Plaintiff’s deposit of KRW 25 million from May 2005 to October 201, 2010 with the Defendant’s account in the name of Defendant C, etc. at the request of the Defendants.
The plaintiff asserts that the above money is a loan for the purpose of the soup loan and sought reimbursement of the outstanding principal amount of KRW 139,300,000 against the defendants, a joint borrower, jointly and severally, for the purpose of the soup loan, the defendants are dissatisfied with the purport that each adjudication of bankruptcy and decision of immunity becomes final and conclusive.
The right of property claim arising before the declaration of bankruptcy against a debtor for whom a decision of immunity has been made on the grounds before the declaration of bankruptcy becomes final and conclusive, barring special circumstances, such as the omission of the claim in bad faith and the omission of the claim in the list of creditors at the time of the application for immunity, shall lose the ability and executive capacity of the lawsuit for which the liability is exempted and which has ordinary claims due to the natural obligation.
However, if Defendant B applied for bankruptcy exemption on June 9, 2010 to the Seoul Central District Court 2010Hadan101 312010, the bankruptcy exemption was declared on July 25, 2011, and the immunity was granted on September 28, 2011, and the aforementioned immunity became final and conclusive on October 14, 201; Defendant C applied for bankruptcy exemption on August 20, 2014, Incheon District Court 2014Hadan4142014, the bankruptcy exemption was declared on November 14, 2014; and the above immunity became final and conclusive on March 25, 2015; and it is reasonable to view that each of the above claims by the Defendants became final and conclusive on the grounds that there was no dispute between the parties to the loan on April 9, 2015, and each of the above claims by the Defendants became final and conclusive.
As to this, the plaintiff raised objection against the above bankruptcy procedure by the defendant B.