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(영문) 서울중앙지방법원 2016.11.16 2016가단5120666
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

If the purport of the entire argument is added to the statement in Gap evidence Nos. 1 through 4, the plaintiff's claim against the defendant shall be accepted as shown in the attached Form No. 1.

Even if a decision to grant immunity to a bankrupt is confirmed pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the proviso to Article 566 of the Debtor Rehabilitation Act, in principle, the liability is exempted and the ability and executory power of filing a lawsuit ordinarily involving a claim is lost (see Supreme Court Decision 2010Da3353, May 13, 2010). Thus, the lawsuit seeking such immunity is unlawful as there is no benefit in the protection of rights.

If the purport of the entire pleading is added to the statement in Eul evidence No. 1, the defendant is entitled to grant immunity and a petition for bankruptcy (Seoul Central District Court 2010Hadan10546, 2010Ma10546, 20546), the bankruptcy is declared on February 8, 201, the decision becomes final and conclusive upon being granted immunity on September 14, 201, and the defendant is entitled to recognize the omission of the plaintiff's claim in the creditor list.

The Plaintiff’s claim against the assignee was also exempted from immunity.

3. In conclusion, the instant lawsuit is unlawful as there is no benefit of protection of rights, and thus, it is so decided as per Disposition.

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