beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. On July 8, 2003, the Plaintiff’s assertion (Lessee) entered into a lease agreement with D, E, F (Lessor) on the first floor of the G building underground in Young-gu, Suwon-gu, Suwon-si, and the Defendant succeeded to the lessor’s status from the aforementioned D, etc.
On March 17, 2006, the Plaintiff concluded a lease agreement with the Defendant again, and agreed to pay the lease deposit amount of KRW 200 million to the Plaintiff by November 16, 2006.
Therefore, the defendant is obligated to pay the above KRW 200 million and damages for delay to the plaintiff.
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to a bankruptcy claim that has arisen before a declaration of bankruptcy is made against the debtor,” and Article 566 of the Act provides that “a debtor who has received immunity shall be exempted from liability for all of his/her obligations to the bankruptcy creditors except for dividends under the bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, the term “Immunity” in this context means that a debtor cannot be forced to perform his/her obligations despite his/her existence of his/her obligations.
Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim that has been discharged would lose the ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In light of the records and arguments in the instant case, the Defendant was declared bankrupt on July 12, 2016 by Suwon District Court 2015Hadan100236, and the Plaintiff’s claim against the Defendant was entered in the list of creditors in the said bankruptcy case.