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(영문) 춘천지방법원원주지원 2014.12.24 2014가단7819
대여금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 30,000,000 and as to the Plaintiff, November 2014.

Reasons

1. Plaintiff’s claim against Defendant B

A. Claim indication: Plaintiff’s claim for loans on November 15, 2010 against Defendant B

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff’s claim against Defendant C is granted immunity in bankruptcy proceedings, and thus, the instant lawsuit is unlawful, and the instant lawsuit is deemed unlawful.

In other words, even if the immunity of bankruptcy claim against the debtor before the declaration of bankruptcy becomes final and conclusive, it is not entered in the list of creditors at the time of the application for immunity, barring any special circumstance, the effect of immunity is exempted, and the ability to file a lawsuit and executive force of ordinary claims are lost.

According to the purport of the evidence Nos. 1 and 2 and the entire arguments, Defendant C was granted immunity under Chuncheon District Court 2012, 764, 2012Hau765, and the above decision became final and conclusive as of July 10, 2013, and barring any other special circumstances, Defendant C’s guarantee liability for the loan claim as of November 5, 2010 is deemed to have been discharged upon the determination of the above immunity exemption.

Therefore, since the plaintiff's lawsuit against the defendant C is illegal because there is no benefit of protection of rights, it is so decided as per Disposition.

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