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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
As the cause of the instant claim, the Plaintiff: (a) lent KRW 31 million to the Defendant from May 2012 to May 2013; (b) on September 7, 2014, the Plaintiff subrogated the Defendant for payment of KRW 34 million to the Defendant.
As the defendant receives bankruptcy and immunity from immunity, the plaintiff's lawsuit of this case is unlawful.
In other words, a claim on property arising from a cause before the debtor is declared bankrupt, and a bankruptcy claim becomes final and conclusive in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and in principle, the right to file a lawsuit and the executive force of an ordinary claim shall be extinguished and become natural obligation shall be lost.
However, according to the statements in Eul evidence Nos. 1 through 6, the defendant was declared bankrupt on June 27, 2014 in Chuncheon District Court Decision 2014Hadan599, 2014Ma599, and the decision of immunity was made on February 13, 2015, and the above decision of immunity became final and conclusive on February 28, 2015. Thus, since the plaintiff's claim against the defendant in the lawsuit in this case was arising before the declaration of bankruptcy and the decision of immunity was finalized, the plaintiff lost the right to file a lawsuit and executive force against the defendant in this case, there is no benefit of protecting the rights of the plaintiff.
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.