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(영문) 서울남부지방법원 2015.08.12 2015가단24342
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant as 204da81080, which became final and conclusive August 17, 2005 upon receiving a favorable judgment as stated in the purport of the claim on August 2, 2005.

B. The Defendant against the Plaintiff on January 10, 2012 in Seoul Central District Court Decision 2010Da15734 and 2010Hadan15734

On June 13, 2012, the decision of immunity became final and conclusive.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2, the purport of the whole pleadings

2. As to the assertion, the Plaintiff sought the payment of the above amount of judgment claim to the Defendant, and the Defendant obtained exemption from liability, and thus, the Plaintiff did not have any obligation to pay.

With respect to a debtor who is declared bankrupt, declared bankrupt and granted immunity, a claim on the property arising before the declaration of bankruptcy becomes final and conclusive, the effect of immunity shall be exempted by the effect of immunity and shall lose the ability and executory power of filing an action which has ordinary claims by becoming natural obligations.

In light of the above legal principles, it is reasonable to view that the Defendant’s liability with respect to the claim for a judgment fee has lost the right to file a lawsuit and executory power that has ordinary claims because the above immunity decision became final and conclusive.

3. In conclusion, the plaintiff's lawsuit of this case is unlawful because there is no benefit of protection of rights, and thus, it is so decided as per Disposition.

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