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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the bankrupt company taking over non-performing loans from the bankruptcy trustee of the Oral Credit Credit Depository, Inc. (hereinafter “the bankruptcy trustee of the Oral Credit Depository”), and C has served as D of the Oral Credit Depository, Inc. (hereinafter “Lene Credit Depository”).
B. On May 29, 2007, the trustee in bankruptcy filed a lawsuit against C for a claim for damages (U.S. District Court Decision 2006Gahap18832). On May 29, 2007, the above court rendered a judgment that “C shall pay the trustee in bankruptcy of the Orren Credit Depository the amount of KRW 458 million and its delay damages (hereinafter “instant judgment”), and the above judgment became final and conclusive around that time.
C. On June 9, 2010, the trustee in bankruptcy of the Orece Credit Depository transferred the instant judgment claim to the Plaintiff, and on June 14, 2010, notified C of the assignment by mail, and reached C around that time.
C died on September 1, 2016, and the Defendants, the heir of C, limited inheritance C.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 and 3, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. Since the Defendants’ assertion C was granted immunity, the instant lawsuit is unlawful.
B. According to the purport of subparagraph 2 (A) and the entire purport of the pleading, C is recognized as having been declared bankrupt on September 30, 2013 by Daejeon District Court Decision 2013Hadan1536, Apr. 27, 2015, upon receipt of a decision of exemption permission under the same court No. 201538, May 12, 2015; and C is recorded in the list of creditors submitted in the above procedure by the Plaintiff.
B. According to the above facts of recognition, the claim of this case is a cause arising before the declaration of bankruptcy against C and constitutes a bankruptcy claim. However, the right to file a lawsuit has ordinary claims upon confirmation of immunity from C.