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(영문) 서울남부지방법원 2014.12.17 2014가단31053
대여금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C shall pay to the Plaintiff KRW 67,572,692 and KRW 20,000 among them.

Reasons

1. According to Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2 (including additional serial numbers) each of the above facts, the plaintiff filed a loan claim suit against the defendants under Seoul Southern District Court Decision No. 2003Kadan79424, Jun. 22, 2004, and filed the loan claim suit with the above court on June 22, 2004, "the defendant jointly and severally filed a claim with the plaintiff for immunity of 42% per annum from November 25, 2002 to February 9, 2004, and the amount calculated at the rate of 200% per annum from February 10, 2004 to the date of complete payment, and the above decision of the court on Feb. 10, 2004 to the date of the above discharge shall be confirmed by the court's decision No. 20138, Feb. 26, 2008.

2. Determination as to the claim against the defendant B

A. Where a decision to grant immunity to a debtor on the legitimacy of a lawsuit becomes final and conclusive, all the obligations owed to any bankruptcy creditor is exempted (Article 566 of the Debtor Rehabilitation and Bankruptcy Act), and any bankruptcy claim shall lose the power and executive power of filing a lawsuit which has ordinary claims by becoming natural obligations and becomes natural obligations.

As seen earlier, Defendant B was granted immunity, and as seen earlier, the instant loan claim sought by the Plaintiff was created before immunity is granted. As such, the Plaintiff lost the capacity to file a lawsuit against Defendant B and thereby, the Plaintiff’s lawsuit against Defendant B is unlawful as it does not recognize the benefit of protection of rights.

B. The Plaintiff asserted that the non-exempt claim is 1). As Defendant B did not enter the instant loan claim in the creditors list in bad faith at the time of application for exemption from bankruptcy, the instant loan claim constitutes non-exempt claim.

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