Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. On June 8, 2015, the Plaintiff leased KRW 30 million to the Defendant on June 30, 2016, setting the due date for repayment as June 30, 2016.

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

On August 28, 2017, the Defendant obtained bankruptcy and immunity (hereinafter “instant immunity”) from Seoul Rehabilitation Court Decision 2017Hadan2426, 2017Ma2426, and the said immunity became final and conclusive around that time.

The defendant entered the claim of this case in the list of creditors in the above bankruptcy and immunity procedures.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine whether the instant lawsuit is lawful.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from all obligations to the bankruptcy creditors, except dividends pursuant to the bankruptcy procedures.

Here, the discharge is the obligation itself, but it is the obligation not to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim exempted from immunity shall lose the ability to file a lawsuit with ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the above facts of recognition, the instant claim constitutes a bankruptcy claim, which is a property claim arising from a cause that occurred before the declaration of bankruptcy, and constitutes a bankruptcy claim, and thus, it is reasonable to deem that the instant decision to grant immunity becomes final and conclusive, thereby losing the right to file a lawsuit and executing

Therefore, the instant lawsuit is unlawful because there is no benefit in protecting the rights.

3. The lawsuit in this case shall be dismissed as unlawful.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.