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

A. On April 10, 2014, the Defendant asserted that the Plaintiff would pay the Plaintiff KRW 10 million out of KRW 97.7 million to the Plaintiff by April 18, 2014, and agreed to pay the remainder of KRW 87.7 million to the Plaintiff by December 30, 2015.

Therefore, the defendant is obligated to pay the remainder of 87 million won and damages for delay to the plaintiff.

B. The Defendant asserted that the Defendant was declared bankrupt and exempted from immunity, and thus, the Defendant’s obligation against the Plaintiff was exempted.

The agreement in the above conciliation procedure is null and void by the defendant's non-existence and coercion.

2. 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 liability for all obligations to the bankruptcy creditors except dividends 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, the claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). If the entire purport of the pleading is added to the statement in the evidence No. 2 of subparagraph B, the Defendant, upon having been declared bankrupt by the Changwon District Court 2013Hadan119, May 14, 2014 and upon having been granted immunity by the said court 2013Hawon District Court 2013Ha121, July 21, 2014, can be recognized that the said decision to grant immunity becomes final and conclusive around that time.

Therefore, in this case where there is no assertion as to whether the Plaintiff’s claim constitutes non-exempt claim under the proviso of Article 566 of the above Act, barring any special circumstance, the Plaintiff lost the ability to file a lawsuit that the Plaintiff claims upon confirmation of the immunity decision that the cause occurred before the declaration of bankruptcy.

3. In conclusion, the lawsuit of this case is dismissed as it is unlawful because there is no benefit in the protection of rights. It is so decided as per Disposition.