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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. On January 5, 2006, the court below held that "the defendant shall pay to the plaintiff 31,500,000 won and 30,000,000 won with interest rate of 15% per annum from November 1, 2004 to the day of full payment," and the above judgment becomes final and conclusive on January 31, 2006, in full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed a lawsuit against the defendant for the extension of the extinctive prescription period, barring any special circumstances, the defendant shall pay to the plaintiff 31,50,000 won and 30,000,000 won with interest rate of 15% per annum from November 1, 2004 to the day of full payment.
2. Judgment on the defendant's defense
A. Since the Defendant was granted a decision to grant bankruptcy decision, the instant lawsuit is unlawful.
B. 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 thus, the right to file a lawsuit and the executive force of a claim shall be extinguished in principle, and the right to file a lawsuit and the executive force of
In full view of the overall purport of the pleadings in evidence Nos. 1 and 2: (a) the Defendant rendered bankruptcy and application for immunity as Seoul Central District Court No. 201Hadan533, 201 and 5353; and (b) obtained a decision to grant immunity from the above court on May 2, 2012 (hereinafter “instant decision to grant immunity”); (c) confirmed that the decision to grant immunity was final and conclusive on May 18, 2012; and (d) recognized that the Plaintiff’s claim against the Defendant was incurred around 2006, prior to the decision to grant immunity, and therefore, the Plaintiff’s decision to grant immunity against the Defendant is ordinarily final and conclusive as the Plaintiff’s decision to grant immunity becomes final and conclusive.