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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On March 2006, the Plaintiff received KRW 62,400,000,00 after receiving a contract for work cost of KRW 110,000,00 from the Dsports Park in Gangnam-gu, Seoul.
B. On September 26, 2008, B drafted a letter of commitment to pay the Plaintiff the remainder of the construction cost of KRW 47,600,000 (=10,000,000 - KRW 62,400,000) in 10,000 on October 10, 2008, and KRW 37,60,000 on November 10, 2008.
C. The Defendant, a representative director B, signed at the bottom of the above payment note and entered his resident registration number in the document.
[Ground of recognition] The fact that there is no dispute, Gap's evidence, and the purport of whole pleading
2. The purport of the plaintiff's assertion is that the defendant signed at the bottom of the above letter of payment and entered his resident registration number in the sense that he would jointly and severally pay the remainder of construction cost with B, and the defendant shall pay the plaintiff 47,600,000 won and delay damages therefor.
3. The defendant asserts that the decision is exempted from the responsibility of the plaintiff upon obtaining a decision to grant immunity from the court. We examine the legitimacy of the lawsuit in this case.
According to the purport of Eul evidence and the entire argument, the defendant filed an application for bankruptcy and exemption on November 22, 2013 with Suwon District Court 2013Haak 79612013 and 7961, which was declared bankrupt on November 24, 2014, and the decision to grant immunity on January 26, 2015 can be acknowledged, and the above decision to grant immunity becomes final and conclusive on February 10, 2015.
The plaintiff's claim for the construction price against the defendant constitutes a bankruptcy claim based on a property claim arising before bankruptcy is declared against the defendant.
Although the Defendant omitted the Plaintiff’s claim for construction payment in the list of claims for bankruptcy and immunity.
However, as long as it is difficult to recognize the special circumstance that the Defendant omitted the Plaintiff’s claim for the construction cost in bad faith, the evidence No. 1 against the Defendant.