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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legitimacy of the instant lawsuit.
According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted is exempted from the responsibility for all obligations to a bankruptcy creditor except dividends under the bankruptcy procedure. Thus, a property claim arising prior to the declaration of bankruptcy against a debtor, i.e., a bankruptcy claim becomes final and conclusive when a decision to grant immunity against a debtor becomes final and conclusive, and the right to file a lawsuit and the executive force of an ordinary claim are extinguished as a matter of principle and become natural obligation. The fact that the decision to grant immunity was final and conclusive as of February 17, 2016 by the defendant filing bankruptcy and immunity application with Seoul Central District Court Decision 2015, 8698, 2015Hadan8698, and the fact that the Plaintiff’s claim is entered in the list of creditors submitted by the defendant while filing an application for bankruptcy and immunity is either disputed between the parties or recognized pursuant to the purport of all pleadings. Thus, the Plaintiff’s claim in this case lost the ability and executive force
Therefore, the plaintiff's lawsuit of this case is unlawful because there is no benefit of protection of rights.
Therefore, the plaintiff's lawsuit of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.