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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant A’s KRW 30,000 and as to the Plaintiff, December 2012.
Reasons
1. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act regarding the plaintiff's lawsuit against the defendant B, the debtor who has been exempted is exempted from all of his/her obligations to the bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, a claim on property arising before the debtor is declared bankrupt, i.e., a claim on property arising from a cause before the debtor is declared bankrupt, shall, in principle, be extinguished, and the right to file a lawsuit and executive force shall be lost due to the natural
According to the records in Eul and Eul evidence Nos. 1 through 4 and this court's significant facts, defendant B applied for bankruptcy and immunity to the Incheon District Court on May 30, 2013, and was declared bankrupt on November 12, 2013 (2013Hau3117). The above decision was finalized on March 5, 2014 (2013Hau312), and the list of creditors of the above bankruptcy and immunity cases entered the plaintiff's claim amounting to KRW 30 million against the defendant B in the list of creditors of the above bankruptcy and immunity cases. Since the plaintiff's claim against the defendant B by the lawsuit in this case was caused before the bankruptcy is declared, the plaintiff lost the right and executory power of filing a lawsuit which became final and conclusive, and eventually, the plaintiff's lawsuit against the defendant B is unlawful as there is no benefit in protecting the rights.
2. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings as to the Plaintiff’s claim against Defendant A, the fact that there is no dispute, the evidence Nos. 1, 2, and 5 and 6, are transferred from the Plaintiff on Nov. 27, 2012 to the bank account in the name of the said Defendant’s mother, which the said Defendant actually uses, and at the time, Defendant A used 30 million won from the Plaintiff on Nov. 27, 2012. At the time, Defendant A was residing in Japan, and at the time, had no interest on Nov. 27, 2012 to the Plaintiff on Nov. 27, 2012.