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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The following facts can be acknowledged in light of the following facts: Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 3, and evidence No. 4
The plaintiff filed a lawsuit against the defendant (Seoul Northern District Court 2005Kadan62249). On April 14, 2006, the plaintiff was sentenced to the judgment that "the defendant would pay to the plaintiff 25 million won and the amount at the rate of 20% per annum from March 26, 2006 to the date of full payment," and the above judgment became final and conclusive on May 9, 2006.
B. On August 12, 2011, the Defendant filed an application for bankruptcy and immunity with the Seoul Central District Court Decision 201Hadan8821, which was the Seoul Central District Court (Seoul Central District Court Decision 201Hadan821, and obtained a decision to grant immunity from the same court on August 24, 2012. The said decision to grant immunity became final and conclusive on September 13, 2012.
2. Assertion and determination
A. The plaintiff asserts that the defendant should pay 25 million won and damages for delay to the plaintiff in accordance with the above judgment, but the defendant asserts that the above judgment payment obligation against the plaintiff was exempted.
B. According to the facts found above, a loan claim asserted by the Plaintiff constitutes a bankruptcy claim, which is a property claim against the Defendant arising from a cause prior to the declaration of bankruptcy.
Where a decision of permission for discharge to a debtor becomes final and conclusive, the debtor is exempted from all liability to the bankruptcy creditors. In such cases, bankruptcy claims are natural debts and lose the ability and executory power of filing a lawsuit that has ordinary claims, and the defendant omitted the entries in the list of creditors with knowledge of the existence of the plaintiff's loan claims at the time of filing an application for bankruptcy or immunity, and thus, even if the plaintiff's claim was included in the list of creditors, in this case, the claim of the plaintiff was included in the list of creditors submitted by the defendant at the time of filing an application for bankruptcy or immunity.