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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On March 29, 2005, the Plaintiff sought for the performance of the Defendant’s indemnity liability arising in relation to the instant case (hereinafter “instant accident”) where D vehicles owned by the Defendant (hereinafter “HH”) are shocked to the victim E and caused the death in front of C located in the area B located in the former North Korea-gun, North Korea-gun, and thus, caused the death (hereinafter “the instant accident”).
However, Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The right to claim property arising prior to the declaration of bankruptcy against a debtor shall be a bankruptcy claim.” Article 566 of the Act provides that “The exempted debtor is exempt from all liability for all debts to the bankruptcy creditors except dividends under the bankruptcy procedure.” Thus, unless bankruptcy claims fall under the proviso of Article 566 of the Act, the effect of immunity is exempted (see Supreme Court Decision 2010Da3353, May 13, 2010).” Here, the term “Immunity” means that the debtor continues to bear an obligation, but it is impossible to enforce the performance of his/her obligation against the bankruptcy debtor. Thus, the exempted claim becomes final and conclusive, and the right to file a lawsuit against the debtor becomes final and conclusive on September 10, 2015 (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). 201, the Defendant’s claim for immunity against the Plaintiff’s claim for reimbursement against the Plaintiff 2131 and 3101.
I would like to say.
As to this, the Plaintiff’s accident is the center line of the Defendant.