(영문) 의정부지방법원 2015.01.22 2013나950

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Reasons

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자간(%)

(영문) 의정부지방법원 2015.01.22 2013나950

대여금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s spouse were aware of the same club as a society, and the Plaintiff and the Defendant became aware of the introduction of C.

B. From April 27, 2009 to August 23, 2009, the Plaintiff remitted total of KRW 78,000,000 to the Defendant’s deposit account in the name of the Defendant, and thereafter, the Defendant remitted total of KRW 60,00,000 to the Defendant’s deposit account in the name of the Plaintiff from February 12, 2010 to August 17, 2010.

C. C has been engaged in money transactions using a deposit account in the name of the Defendant, the spouse, and C was bound by a criminal offense committed by the D company’s own stocks, using a deposit account in the name of the Defendant, and the Plaintiff sought reimbursement of the amount deposited in the deposit account in the name of the Defendant and urged the Plaintiff to pay KRW 50,000,000 to the Plaintiff around October 24, 201.

On May 23, 2013, the defendant was granted immunity by Seoul Central District Court 2012Ra9500 on June 11, 2013 and confirmed on June 11, 2013. The list of creditors stated the plaintiff's claim against the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Where a decision on the lawfulness of the lawsuit in this case becomes final and conclusive, a decision on immunity for the debtor shall be exempted from all liability to the bankruptcy creditors (Article 566 of the Debtor Rehabilitation and Bankruptcy Act), and the bankruptcy claim shall lose the power and executive power of filing a lawsuit which has ordinary claims by becoming natural obligations.

Therefore, barring any special circumstance, the Plaintiff lost the capacity to file a suit against the Defendant and thereby cannot be deemed as benefit in the protection of rights, barring any special circumstance.

3. Thus, the lawsuit of this case is brought.

참조조문

-채무자 회생 및 파산에 관한 법률 제566조

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