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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 31, 2013, the Plaintiff sought a payment of the loan principal amount of KRW 20,248,768, and each credit card payment of KRW 12,537,976, 4,99,649 and damages for delay from the loan amount of KRW 20,248,768, and each credit card payment of KRW 12,537,976.
In this regard, the defendant has received the decision to discharge the above obligation against the plaintiff, so the lawsuit in this case is unlawful as there is no benefit of protection of rights.
2. Determination
A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim,” and the main text of Article 566 of the same Act provides, “The exempted debtor shall be exempted from all liability for the whole of his/her obligations to the bankruptcy creditors except dividends arising from the bankruptcy procedure.” Here, the term “the exempted obligation” means that the debtor continues to exist, but it is impossible to enforce the performance to the bankrupt debtor
Therefore, when a decision to grant immunity to a debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)
Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 7 and Eul evidence 1, the plaintiff entered into a loan agreement with the defendant on December 23, 2008, setting the loan limit of KRW 10 million and interest rate of KRW 10.2%. The plaintiff increased the loan limit of KRW 20 million on July 31, 2013, and the plaintiff lent KRW 20,468,768 to the defendant by June 6, 2017 under the above loan agreement. The plaintiff issued a credit card to the defendant on October 13, 2010 and August 14, 2013; the defendant was declared bankrupt as the principal amount of KRW 12,537,976, the principal amount of KRW 49,649, the principal amount of KRW 100,000,000; and the defendant was declared bankrupt as the district court on July 2018, 2017.