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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Determination on the lawfulness of the instant lawsuit
A. The Plaintiff, at the request of C Co., Ltd., a representative director, installed and supplied steel structure from around 2013 to September 2014, and on September 27, 2014, the Plaintiff paid KRW 145,850,50 to the construction cost of credit steel structure at the time of September 27, 2014. The Defendant promised to pay the above price personally by November 30, 2014, and sought damages for delay against the Defendant.
B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that an obligor who has been exempted is exempted from all liability for all obligations owed to a bankruptcy creditor except for dividends under the bankruptcy procedure. Here, the term “Immunity” means a debtor who continues to exist in his/her obligation, but cannot enforce performance to the bankruptcy debtor. As such, when a decision to grant immunity against the bankruptcy debtor becomes final and conclusive, the obligation to file a lawsuit against the bankruptcy debtor shall be lost (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). However, according to the overall purport of the statement and pleading in evidence No. 1, the Defendant filed for bankruptcy and exemption under the Seoul Central District Court Decision 2016Ha-3719, 2016, 3719, and 2016, which became final and conclusive at that time after obtaining the decision to grant immunity on November 29, 2018.
Therefore, even if the defendant's obligation to pay the above steel structure installation cost is recognized, the defendant's liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, so the plaintiff lost the ability to file a lawsuit against the defendant for the payment of the above steel structure installation cost.
I would like to say.
However, if the defendant did not enter his obligation to the plaintiff in bad faith in the list of creditors, the defendant shall not be exempted from liability for the obligation, and against this, the plaintiff shall be free from liability.