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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to each description of Gap evidence Nos. 1 through 5 (including each number), it is recognized as the same facts as the description of the cause of the claim in the annexed sheet.
2. Judgment on the defendant's defense
A. The Defendant, inasmuch as he/she received bankruptcy decision or immunity decision, raises a defense that the instant claim is unlawful.
According to the evidence Nos. 1-1 through 3-3, the defendant may recognize the fact that the defendant was declared bankrupt on September 4, 2013, which was after the occurrence of each of the claims listed in the separate sheet (hereinafter “each of the claims of this case”) and was decided to grant immunity as prescribed by the above court No. 3901 on December 27, 2013, and that the decision to grant exemption becomes final and conclusive on January 11, 2014.
If a decision to grant a discharge to a bankrupt becomes final and conclusive, the bankrupt’s obligation is natural obligation and the ability and executory power of the suit is lost, and the suit in this case is unlawful as there is no benefit of protection of rights.
B. The plaintiff asserts that the defendant's liability is not exempted because he did not enter each of the claims of this case in the creditor list in bad faith.
According to the evidence Nos. 1 and 2 of this case, the defendant may recognize the fact that the defendant did not enter each of the claims of this case in the creditor list while filing a petition for bankruptcy.
However, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant did not enter each of the claims of this case in the creditor list in bad faith.
Therefore, the plaintiff's assertion is without merit.
3. The instant lawsuit is dismissed.