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(영문) 대전지방법원천안지원 2014.11.13 2013가단21389
차용금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion is that the Defendant borrowed KRW 23,320,00 from March 2012 to March 2013 on 12 occasions from the Plaintiff, and thus, the Defendant ought to pay to the Plaintiff.

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “A debtor shall be entitled to a bankruptcy claim against a debtor prior to the declaration of bankruptcy; and Article 566 of the same Act provides, “A debtor who has been exempted from liability shall be exempted from all obligations to the bankruptcy creditors except dividends under the bankruptcy procedures;” and comprehensively taking into account the overall purport of pleadings in each of the statements in subparagraphs B through B, the entire purport of the pleadings can be acknowledged that the defendant becomes final and conclusive on May 22, 2014 by filing a bankruptcy and application for immunity with the Seoul Central District Court Decision 2013Hadan10757 and 10757 if he/she has been declared bankrupt on February 10, 2014 and upon receiving a decision to discontinue the bankruptcy and a decision to grant immunity on April 28, 2014.

Therefore, a claim filed by the Plaintiff against the Defendant is a claim arising from a cause arising prior to the declaration of bankruptcy, and thus, the right to file a lawsuit, the ordinary claim of which is exempted from immunity and has been lost, and thus, the Plaintiff cannot seek the performance against the Defendant any further.

3. The instant lawsuit is dismissed.

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