2. The costs of lawsuit shall be borne by each person;

2. Judgment on the defendant's main defense of safety

A. Since the Defendant’s decision became final and conclusive upon obtaining a decision to grant immunity, the instant lawsuit is unlawful as there is no benefit in the protection of rights.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability is exempted from the liability for all obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In light of the foregoing legal doctrine, comprehensively taking into account the following: (a) health class; and (b) evidence Nos. 1 through 4 with respect to the instant case, the Defendant filed an application for immunity with the Incheon District Court Decision 2014Hau10077, Sept. 4, 2014; (c) the Plaintiff entered the Plaintiff’s loan at the time in the list of creditors; and (d) the said court rendered a decision to grant immunity on May 16, 2017; and (e) the said decision to grant immunity becomes final and conclusive on June 3, 2017.

Therefore, the Plaintiff’s above loan claim which was exempted upon the decision of immunity became final and conclusive shall lose the ability to file a lawsuit that has ordinary claims. Therefore, the instant lawsuit has no benefit in protecting the rights.

3. As such, the instant lawsuit is dismissed as it is unlawful.