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(영문) 서울서부지방법원 2018.06.20 2018가단202647
기타(금전)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. The Defendant’s defense prior to the merits asserted that he/she was granted a decision to grant a decision to grant a immunity. The obligor who has been granted a immunity is exempted from all obligations to the bankruptcy creditors except distribution under the bankruptcy procedure (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). As such, a claim on property arising from a cause prior to the declaration of bankruptcy against the debtor becomes final and conclusive, namely, a claim on property arising from a cause prior to the declaration of bankruptcy against the debtor, which is, a claim on property becomes natural obligation by extinguishing the liability in principle, and

On March 28, 2013, the facts that the Defendant applied for bankruptcy and exemption to the Seoul Central District Court on March 28, 2013, and was declared bankrupt on June 5, 2013, and the decision of immunity was granted on July 29, 2013, and the decision of immunity became final and conclusive around that time (Seoul Central District Court 2013Hadan3031 and Seoul Central District Court 2013 3031) are no dispute between the parties.

According to this, the claims asserted by the plaintiff are claims related to the property arising before the declaration of bankruptcy, which constitute bankruptcy claims, and the right to file a lawsuit and the power of execution, which are ordinarily exempted from the above immunity, has been lost.

Therefore, the instant lawsuit is unlawful.

3. It is so decided as per Disposition by the assent of all participating Justices who reviewed the instant lawsuit.

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