2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The gist of the Defendant’s defense is that the instant loan claims asserted by the Plaintiff constitute bankruptcy claims, and thus, the instant lawsuit filed without going through the confirmation procedure based on the credit report is unlawful as there is no interest in the lawsuit.

B. Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act provide that any property claim that accrues before the debtor is declared bankrupt shall be a bankruptcy claim against the debtor, and any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.

In this case, the facts that the plaintiff lent KRW 15 million to the defendant on November 16, 2012 are apparent in the records that the facts that the lawsuit of this case was brought against the defendant on February 18, 2016, and according to the statements in the evidence Nos. 1 and 2, the facts that the defendant was declared bankrupt on November 12, 2015, Daegu District Court Decision 2015Hadan2735, Nov. 12, 2015 can be acknowledged. According to the above facts of recognition, it is prohibited to individually exercise the above loan claims of this case asserted by the plaintiff on the ground that they constitute property claims arising on the grounds arising before the defendant is declared bankrupt.

Therefore, the Plaintiff’s lawsuit of this case is unlawful as there is no benefit of lawsuit.

2. As such, the lawsuit of this case shall be dismissed in an unlawful manner, and the judgment of the court of first instance shall be dismissed in a different conclusion, so the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed as per Disposition.