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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The allegations and judgment of the parties
(a)as shown in the reasons for the attachment of the claim;
(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the plaintiff withdrawn the lawsuit against the debtor's B). [The grounds for recognition] The entries in the evidence Nos. 1 and 3 and the purport of the whole pleadings.
B. As to the Defendant’s assertion 1), the Defendant was granted bankruptcy or immunity, and thus, the Defendant cannot comply with the Plaintiff’s claim. In full view of the purport of the entire pleadings in the written evidence Nos. 1 and 2, the Defendant’s claim as indicated in the separate sheet (hereinafter “instant claim”).
(2) On April 13, 2014, the Cheongju District Court 2012Hadan1571, supra, declared bankrupt on April 13, 2014; and on April 22, 2014, the above court 2012Ma1571, which received the decision of granting immunity; and may be recognized that the decision of granting immunity became final and conclusive around that time. Once the decision of granting immunity against the bankrupt becomes final and conclusive, the bankrupt’s obligation becomes natural obligation and has ordinary claims and has no executive capacity, and thus, the lawsuit of this case is unlawful as there is no benefit of protecting rights. (2) The Plaintiff asserts that the Plaintiff is not exempt from liability because the Defendant did not enter the claim in the list of creditors in bad faith
According to the evidence No. 3, it can be acknowledged that the defendant did not enter the claim of this case in the creditor list while filing a petition for bankruptcy.
However, since the written evidence Nos. 4 through 14 alone is insufficient to recognize that the defendant did not enter the claim of this case in the creditor list in bad faith, the plaintiff's assertion is rejected.
2. For this reason, the instant lawsuit is dismissed.