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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The parties' assertion
A. On February 28, 2020, the Plaintiff, which caused the Plaintiff’s claim, received a claim under the judgment of winning a separate claim claim against the Defendant, etc. (Seoul Central District Court Decision 2009Da25161 Decided October 22, 2010) from Nonparty C (hereinafter “C”).
In a claim for reimbursement, the amount equivalent to the compensation for the government's security project is KRW 160,00,000.
Even if the Defendant was granted immunity on the liability for reimbursement against C around July 2012, the Defendant purchased a vehicle in a non-insurance condition, and led pedestrians by neglecting the police officer's instructions. This is a tort against another person's life or body by intention or gross negligence, and thus, the obligor, who was exempted from immunity under Article 566 (Effect of Immunity) of the Debtor Rehabilitation and Bankruptcy Act (amended by Act No. 566 (Effect of Immunity) of the Debtor Rehabilitation and Bankruptcy Act (amended by Act No. 5666 (Effect of Immunity), shall be exempted from all liability to the bankruptcy creditor except distribution pursuant to the bankruptcy procedure.
However, the following claims shall not be exempted from liability:
3. Compensation for damage caused by a tort by an obligor on purpose;
4. The debtor shall not be relieved of liability by gross negligence for damages that result from the tort that causes damage to the life or body of any other person;
B. The Defendant’s defense was granted immunity on July 2012 as to C’s claim reimbursement obligations.
The damage caused by the defendant's accident has no causal relationship with the driver's vehicle driving by the defendant, and the defendant's negligence is nothing more than a simple negligence because it is merely a pedestrian D and E, who had been on the front side, while driving a police officer's stop order on May 19, 2008 continuously and making a right-hand, without driving speed.
2. Determination Nos. 1 and 2-