2. The instant lawsuit shall be dismissed.

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

A. On June 21, 201, the Plaintiff lent KRW 7,500,00 to the Defendant, and the Plaintiff was paid KRW 1,50,000 each month from August 31, 201 to five months in installments.

(hereinafter referred to as the “instant credit”). B.

On June 19, 2016, the Defendant was declared bankrupt by Busan District Court 2015Hadan61, and on July 20, 2016, the decision to grant immunity became final and conclusive on August 4, 2016 upon receipt of the decision to grant immunity from Busan District Court 2015Ma61.

(hereinafter “instant immunity”). Meanwhile, the list of creditors prepared and submitted by the Defendant while bankruptcy and immunity application was filed by the Defendant did not state the Plaintiff’s claim.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Relevant legal principles 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Article 423 of the same Act provides, “The claim on the property arising before a bankruptcy is declared against the debtor shall be a bankruptcy claim.” The main text of Article 566 of the same Act provides, “The debtor granted immunity shall be exempt from all obligations to the bankruptcy creditor except dividends under the bankruptcy procedure.” Thus, even if it is not entered in the list of creditors in the application for immunity, the bankruptcy claim shall be exempted from the effect of immunity unless it falls under any of the proviso of Article 566 (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). In addition, the term “Immunity” in this context means that the debtor is still in existence of his/her obligation, but it is impossible to compel the debtor to perform his/her obligation. Accordingly, when the decision on immunity against the debtor becomes final and conclusive, the obligation of the debtor to file a lawsuit with the ordinary claim shall be lost (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015).