2. The costs of lawsuit shall be borne by the Plaintiff.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "the exempted debtor shall be exempted from all of his obligations to the bankruptcy creditors except for the distribution by 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 bankrupt debtor becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the entries and pleadings in evidence Nos. 1, 2, and 3, the Defendant rendered a bankruptcy and application to grant immunity as of December 28, 2016 by the Seoul Rehabilitation Court Decision 2016Hado897, 2016, 897, and 2016, the Plaintiff entered the Plaintiff in the creditor list; the said court made a decision to grant immunity to the Defendant on August 1, 2019; and the decision to grant immunity may be acknowledged to the fact that the decision to grant immunity becomes final and conclusive on August 17, 2019.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights according to the determination of the above immunity decision.

It is decided as per Disposition by the assent of all participating Justices to dismiss the instant lawsuit.