2. Defendant C’s KRW 35,000,000 on August 2, 2010 to the Plaintiff.

A. The Plaintiff asserted the facts as to the cause of the claim against Defendant B, and asserts to the effect that the Plaintiff’s lawsuit against Defendant B is unlawful since it filed a claim for the extension of the extinctive prescription of a claim pursuant to a decision in lieu of conciliation on May 19, 2010 (Seoul High Court Decision 2009Na108148) and Defendant B received bankruptcy and immunity after the decision in lieu of the above conciliation.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to any property claim arising before the declaration of bankruptcy as a bankruptcy claim,” and Article 566 of the Act provides that “a debtor granted immunity shall be exempted from all liability for all debts to the bankruptcy creditors except for dividends arising from bankruptcy procedures: Provided, That a bankruptcy claim shall not be exempted from any liability for the following claims.” Thus, even if it is not entered in the list of creditors of the application for immunity, the effect of immunity is exempted (see Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any subparagraph of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Also, the term “Immunity” in this context means that a debtor continues to exist in his/her own account

Therefore, when a decision to exempt a debtor from liability becomes final and conclusive, the claim that has been exempted from liability would lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of the overall purport of the pleadings in the written evidence Nos. 1 and 2, Defendant B was declared bankrupt on April 27, 201, the date when the decision in lieu of the above conciliation became final and conclusive, and was abolished on the same day; Defendant B was released from immunity as the Incheon District Court Decision 2010Hadan6301, Apr. 27, 201; Defendant B was released from immunity on June 16, 2014 by the Incheon District Court 2010, Jun. 16, 2014; and the decision to grant immunity is made.