1. The instant lawsuit shall be dismissed.

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

1. The parties' assertion

A. On March 31, 2018, the Plaintiff asserted that the Plaintiff supplied the Defendant with the inspection tools for the D38L project worth KRW 38.8 million.

Therefore, the defendant is obligated to pay the above KRW 38.8 million to the plaintiff and delay damages.

B. The defendant's assertion is subject to declaration of bankruptcy and exemption from immunity, and thus, he cannot respond to the plaintiff's claim.

2. Determination as to the legitimacy of the instant lawsuit

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be entitled to any property claim arising from a cause arising before bankruptcy is declared bankrupt,” and Article 566 of the Act provides that “a debtor granted immunity shall be exempted from all of his/her obligations to bankruptcy creditors except for dividends arising from bankruptcy procedures: Provided, That a debtor granted immunity shall not be exempt from all of his/her obligations with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of Article 566 of the Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, the term “Immunity” means that a debtor is not able to enforce the performance of his/her obligations to the bankruptcy debtor, even if his/her obligations exist independently.

Therefore, when a decision to exempt a debtor from liability becomes final and conclusive, a claim that has been exempted from liability would lose the capacity to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

Judgment

According to the facts and the purport of the entire arguments in this court, the defendant filed an application for bankruptcy and exemption with the Suwon District Court on July 25, 2018 (2018Hadan1063, 201063, 2018, 101063) and was declared bankrupt on February 11, 2019 by the above court, and was granted a decision to grant immunity on September 4, 2019, and the above decision to grant immunity becomes final and conclusive on September 20, 2019.

Therefore, the plaintiff's assertion against the defendant.