Text
1. The plaintiff's action against the defendant A shall be dismissed.
2. Defendant C shall pay to the Plaintiff KRW 18,142,124 and KRW 5,828,614 among them.
Reasons
1. Whether the lawsuit against the defendant A is lawful;
A. The plaintiff's assertion is the lawsuit in this case, and on December 16, 2002, the Japanese Savings Bank lent KRW 20 million to E under the joint and several guarantee of D on December 16, 2002. Since D died on February 12, 2003, Defendant A, the inheritor of D, is liable to pay the plaintiff who was appointed as the trustee in bankruptcy of the Japanese Savings Bank for KRW 18,142,125, and delay damages for KRW 5,828,615, out of the amount of debt guaranteed by D as the trustee in bankruptcy of the Japanese Savings Bank.
In this regard, the defendant A has been granted immunity, and thus, the defendant A has no interest in the lawsuit against the defendant.
B. That is, a property claim arising from a cause before the debtor is declared bankrupt, a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, which is, the right to file a lawsuit and the executive force of a claim for property arising from a cause before the debtor is declared bankrupt, shall be extinguished in principle, and the right to file
Plaintiff
According to the overall purport of the statements and arguments in the evidence Nos. 4 through 6 and the claims in this case against Defendant A are claims arising from the cause arising before bankruptcy is declared, and according to the purport of the entire arguments and arguments in the evidence Nos. 4 through 6, Defendant A may be acknowledged as having been declared bankrupt on July 8, 2016 by filing an application for bankruptcy and immunity with the District Court Decision No. 2015Hau349, 2015, 3450, and the above immunity decision becomes final and conclusive on Oct. 11, 2016 upon receiving a decision to grant immunity on September 26, 2016.
Therefore, since the Plaintiff’s claim against Defendant A loses the right and executory power of filing a lawsuit that is ordinarily entitled to exemption from liability according to the above immunity decision, the lawsuit against the Defendant A is unlawful as there is no benefit of protection of rights.
2. Determination as to the claim against Defendant C
A. Indication of Claim: the facts such as the entry of the reasons for the claim in the annex (However, ‘creditor' is considered as ‘Plaintiff') and D died on February 12, 2003 and D.