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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 September 23, 2008, the Plaintiff agreed to settle the existing claim against the Defendant with the Defendant at KRW 108,000,000. The Plaintiff agreed to pay the said amount from the Defendant for 36 months each month from October 31, 2008 to September 30, 201. When the Defendant delays the repayment, the Plaintiff lost the benefit of time and was paid damages for delay calculated at the rate of 24% per annum as to the delayed principal.
Since the Defendant paid to the Plaintiff a total of KRW 27,00,000 from October 31, 2008 to August 21, 2009 and did not perform the remainder payment obligations, the Defendant is liable to pay the Plaintiff the remainder amount of KRW 81,00,000,000 and the damages for delay calculated at the rate of 24% per annum from September 1, 2009 to the date of full payment.
2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that “a debtor granted immunity shall be exempted from all liability to any 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 is not able to enforce the performance to the bankruptcy debtor. Thus, when a decision to grant immunity to the bankruptcy debtor becomes final and conclusive, the exempted claim shall lose the ability of the ordinary claim to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of the overall arguments in the evidence Nos. 3 and 4, the entire purport of the pleadings is as follows: the defendant filed bankruptcy and application to grant immunity under the Seoul Rehabilitation Court 2018Hadan5045, 2018, 5045, Jun. 22, 2018; and the above decision to grant immunity becomes final and conclusive on July 10, 2018.
Therefore, the lawsuit of this case was unlawful because there was no benefit of protection of rights due to the determination of the above decision to grant immunity.
3. Conclusion, the instant lawsuit is unlawful and dismissed.