(영문) 수원지방법원안산지원 2015.12.22 2015가단21783

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(영문) 수원지방법원안산지원 2015.12.22 2015가단21783

대여금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s ground for the Plaintiff’s claim asserts that the Plaintiff promised to pay to the Defendant KRW 100,000,000,000, and KRW 50,000 on October 27, 2010 to the interest rate of KRW 2% per month after the maturity of one month, and the interest rate of December 3, 2010. The Defendant did not pay that amount. On December 1, 2011, the Defendant promised to pay to the Plaintiff the interest calculated at the rate of KRW 100,00,000 and the interest rate of KRW 2% per month.

2. The Defendant asserts that the Defendant was declared bankrupt and granted immunity pursuant to the Debtor Rehabilitation and Bankruptcy Act, and the Plaintiff’s filing of the lawsuit is unlawful. The instant safety objection is raised to the effect that the Plaintiff’s filing of the lawsuit is unlawful.

In other words, a claim on property arising from a cause before the declaration of bankruptcy against a debtor, namely, a claim on the property before the declaration of bankruptcy, and a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the right to file a lawsuit and the executive force of an ordinary claim shall be extinguished as a matter of principle and become natural obligation. According to each of the items of subparagraphs B-1 and B-2, the defendant is declared bankrupt in the Seoul Central District Court case No. 2012Hau4695 and 4695 in the case No. 2012, Oct. 22, 2012, and the above decision on immunity becomes final and conclusive. Thus, a claim sought by the plaintiff against the defendant was arising from a cause before the declaration of bankruptcy, and thus, the right to file a lawsuit and executive force of the ordinary claim was lost due to a final and conclusive decision

As such, the Plaintiff’s lawsuit against the Defendant is unlawful as there is no benefit of protection of rights.

3. If so, the plaintiff's lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

참조조문

-채무자 회생 및 파산에 관한 법률

-채무자 회생 및 파산에 관한 법률 제566조

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