2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

A. The main sentence 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 the whole liability 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 debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

According to the overall purport of the statement and arguments in the health section and evidence Nos. 2 and 3 as to the instant case, ① the Defendant was subject to the application for bankruptcy and immunity (Seoul Rehabilitation Court Decision 2017Hadan60040, 2017Ma6040), and the decision of immunity on June 28, 2018 (hereinafter “the decision of immunity of this case”). The decision of immunity of this case becomes final and conclusive at that time, ② the Plaintiff’s claim against the Defendant may be recognized before the decision of immunity of this case becomes final and conclusive; ② the Plaintiff’s claim against the Defendant against the Defendant, which occurred prior to the decision of immunity of this case, has lost the Plaintiff’s right to institute a lawsuit and enforcement power, and thus, the Plaintiff’s lawsuit against the Defendant became unlawful.

2. If so, the lawsuit of this case shall be dismissed as unlawful.

The defendant's appeal is accepted, and the judgment of the first instance is revoked, and the lawsuit of this case is dismissed, and it is so decided as per Disposition.