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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. As of March 30, 2006, the Defendant prepared and issued to the Plaintiff a certificate of borrowing that the Plaintiff will repay the credit amount of KRW 12 million to the Plaintiff by December 31, 2007, including the sum of KRW 8.6 million, KRW 25 million, KRW 25 million, and KRW 5 million, including the credit card value of KRW 10 million.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. Determination as to the legitimacy of the instant lawsuit
A. The Defendant’s defense prior to the merits and judgment thereon 1) The Defendant’s defense against the Defendant against the payment of the above loan amount of KRW 50 million and damages for delay, and the Defendant asserted that since the Defendant was declared bankrupt and exempted from liability, the Defendant’s above loan obligations against the Plaintiff were all discharged. 2) The Defendant’s right to property arising from the cause prior to the declaration of bankruptcy against the Defendant, i.e., bankruptcy claim, upon the confirmation of exemption from liability against the bankrupt pursuant to Articles 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act, becomes final and conclusive, all of the responsibilities are extinguished in principle, and the right to file a lawsuit and executive force of ordinary claims are lost.
Therefore, on October 4, 2013, the Busan District Court Decision 2012Hadan2547, Busan District Court Decision 201Hun-Ba2547, 2012Ma2547, where the defendant's debtor is the debtor, was decided bankrupt and immunity from the above court. The fact that the above decision of immunity becomes final and conclusive around that time is not disputed between the parties, or that the above decision of immunity becomes final and conclusive can be acknowledged by taking into account all the descriptions in subparagraphs B and B and the purport
Meanwhile, the Plaintiff’s above loan claims against the Defendant constitute bankruptcy claims arising before bankruptcy is declared.
Therefore, unless there are other special circumstances, the defendant's above loan obligation against the plaintiff is exempted from its responsibility by the decision to grant immunity.
B. The plaintiff's assertion and the plaintiff's assertion 1 as to the plaintiff's assertion are exempted from liability.