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(영문) 서울중앙지방법원 2017.04.18 2016가단5180880
양수금
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The Defendants asserts to the effect that the instant lawsuit is unlawful, given that they received a decision to grant bankruptcy or immunity.

In light of the purport of the entire pleadings in the statements in Eul evidence Nos. 1 through 4 (including additional numbers), the defendant is recognized to have been declared bankrupt and granted immunity for each of the following reasons: the defendant, after the occurrence of the claim as stated in the annexed sheet (hereinafter “the claim of this case”), shall be deemed to have been declared bankrupt and granted exemption for each of the following reasons: Gwangju District Court Decision 201Hau31, 3731, 201Hau32 (Defendant A), Jeju District Court Decision 2015Hau253, 2015Hau25

Therefore, the instant claim is unlawful as there is no benefit of protection of rights, since the right and executory power of filing a lawsuit that has ordinary claims is lost.

Thus, the lawsuit of this case is unlawful and all of it is dismissed.

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