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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. In full view of the purport of the argument in Gap evidence No. 1, the defendant filed a lawsuit against the plaintiff as the Ulsan District Court 2012Kadan19061, and on September 11, 2012, the above court rendered a judgment against the plaintiff that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) 23 million won and interest calculated at the rate of 20% per annum from June 27, 2012 to the day of full payment" (hereinafter "the judgment of this case"). The above judgment cannot be acknowledged as final and conclusive because the plaintiff and the defendant did not file an appeal against the above judgment.
2. The Plaintiff asserted that he was declared bankrupt and granted immunity in the Daegu District Court Decision 2009Da8183, 2009Hadan8183, the adjudication of bankruptcy and the adjudication of immunity.
The defendant's claim of this case also is included in the list of creditors of the above case.
Although the plaintiff was granted a decision to grant immunity, the defendant threatened the plaintiff and forced the plaintiff to prepare a written agreement, and the plaintiff prepares a written agreement that he/she would have to pay money inevitably by the defendant's coercion.
3. Determination
A. Bankruptcy claims are limited to bankruptcy claims as of the date of the declaration of bankruptcy when the decision to grant immunity to the bankrupt pursuant to the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the right to file a lawsuit and the executive force of ordinary claims are extinguished. However, bankruptcy claims refer to the right to claim property arising from the cause before the bankruptcy is declared against the debtor (Article 423).
B. In full view of the purport of the entire arguments in the statements in Gap evidence Nos. 2, 3, and 1, the defendant was granted bankruptcy and immunity on January 20, 201 in Daegu District Court Decision 2009Da8183, 2009Hadan8183, and the above decision became final and conclusive around that time, and the plaintiff thereafter thereafter held the defendant for ten months each month from April 5, 201, respectively.