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(영문) 서울서부지방법원 2018.12.14 2018나34135
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff, as to the Defendant’s defense of this safety, took over the instant loan claims against the Defendant of Stim Mutual Savings Bank (hereinafter “instant loan claims”) on June 14, 2012, via AWWn Partners Loan Co., Ltd., and on October 27, 2013, the Plaintiff claimed the payment of the said money and damages for delay on the ground that the principal balance of the instant loan claims was KRW 1,997,469, supra.

On this issue, the defendant's defense that the immunity decision against the defendant was confirmed and exempted from the defendant's responsibility for the debt of this case.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that a debtor who has been exempted from liability is exempted from all obligations to bankruptcy creditors except for dividends under bankruptcy proceedings. Here, the term "Immunity" means that a debtor who has been exempted from liability exists in his/her own debt but cannot compel the debtor to perform his/her obligations. Thus, a debtor who has been exempted from liability becomes final and conclusive and conclusive (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of each of the arguments stated in subparagraphs 1 through 3, the defendant lost the ability to file a lawsuit with respect to his/her ordinary claims (see, e.g., Supreme Court Decision 2014Hu25, 2014Ma25, 2014-25, and 2014). Thus, even if each of the above claims for immunity against the debtor was invalidated by the defendant's respective right to file a lawsuit against the plaintiff, the plaintiff's liability of this case becomes final and conclusive.

Therefore, the defendant's defense of the above principal safety is justified.

On this issue, the plaintiff is the defendant's bankruptcy and exemption case.

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