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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Whether the lawsuit of this case is legitimate
A. The Defendant’s declaration of bankruptcy and the Plaintiff filed a petition for bankruptcy with the Defendant for the same loan as the claim in the separate sheet changed. Meanwhile, on November 2014, the Defendant filed a petition for bankruptcy with the Gwangju District Court Decision 2014Hadan2483, Jun. 17, 2015, and the said court rendered a decision of adjudication of bankruptcy on Oct. 28, 2015 (2014.2483). The above decision of adjudication of immunity became final and conclusive on Oct. 28, 2015 (2014.2483). The creditor list submitted by the Defendant during the bankruptcy and the above bankruptcy proceeding, the fact that the above loan obligation was not entered in the creditor list submitted by the Defendant does not conflict between the parties or may be recognized by each of the statements A1 through 7
B. The gist of the Defendant’s assertion is that the Defendant did not know the existence of the instant loan obligation at the time of the application for immunity, and did not neglect it in bad faith.
Therefore, the loan obligation of this case shall be deemed exempted by the immunity decision of this case.
C. 1) Determination 1) Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “A debtor shall be entitled to a bankruptcy claim.” Article 566 of the same Act provides that “A debtor who has received immunity shall be exempted from all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, a bankruptcy claim shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). In addition, even if it does not fall under any of the subparagraphs of the proviso of Article 566 of the same Act, the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010). This means that a
Therefore, immunity is granted to the bankruptcy debtor.