2. The instant lawsuit shall be dismissed.

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

A. On June 11, 1997, the Defendant borrowed 30 million won from E Union, and 10 million won from C Union on June 4, 1999, respectively, and the Plaintiff jointly and severally guaranteed the Defendant’s above loan obligations.

B. Around June 2013, the Plaintiff, as a joint and several surety, repaid KRW 19,799,021 of the principal and interest of a loan to a F company that acquired a credit for a loan to the Defendant of an E Union, and ② repaid KRW 7,929,542 of the principal and interest of a loan to a D Company that acquired a credit for a loan to the Defendant of

(hereinafter the Plaintiff’s claim for the amount of indemnity held against the Defendant due to the above repayment (hereinafter “claim for the Amount of indemnity of this case”). / [Grounds for recognition] without dispute, entry in the evidence Nos. 1 through 5, and the purport of the entire pleadings

2. The plaintiff's assertion

1.(b)

27,728,563 won (i.e., KRW 19,799,021 won), and damages for delay, on the ground that the Defendant had a claim for reimbursement of this case due to the repayment under subsection (i.e., reimbursement of damages) shall be claimed against the Defendant.

3. Whether the lawsuit of this case is legitimate

A. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that the obligor who has obtained immunity is exempted from all liability for the whole amount of obligations owed to the bankruptcy creditors, except 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)

Comprehensively taking account of the purport of the entire argument in the statement in Eul evidence No. 1, the defendant filed an application for immunity with the Seoul Rehabilitation Court No. 2016Hadan1982, 2016Ha1982, and 1982 on March 18, 2016. The above court received a bankruptcy termination and exemption from immunity on July 10, 2017, and the above exemption from immunity became final and conclusive on July 25, 2017.