1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 125,000,000 on the Plaintiff and January 2, 2010 on the Plaintiff.

1. On January 23, 2010, the Plaintiff’s assertion that Defendant C guaranteed the joint and several debt owed by Defendant C on January 23, 2010, and the Defendant C was granted immunity upon filing an application for bankruptcy and exemption from liability.

However, Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The debtor shall be entitled to any property claim arising from a cause before the declaration of bankruptcy is declared bankrupt.” Article 566 of the Act provides that “The debtor granted immunity shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends under the bankruptcy procedures: Provided, That no liability shall be exempted for any of the following claims.” Thus, even if bankruptcy claims are not entered in the list of creditors of the application for immunity, the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010), unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, the term “Immunity” means that even if the debtor continues to exist independently, it is impossible to enforce the performance

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit with ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In the instant case, comprehensively taking account of the entire purport of the pleadings in subparagraphs B-1 and B-2, Defendant C filed an application for bankruptcy and immunity with the Jeju District Court (2016Hau299, 2016, 298) around 2016, and obtained a decision to grant immunity on September 25, 2017 after being declared bankrupt by the said court. Accordingly, the above decision to grant immunity becomes final and conclusive at that time. According to the above recognition, joint and several surety claims asserted by the Plaintiff against Defendant C constitute bankruptcy claims arising before the declaration of bankruptcy against Defendant C, and the above claim is able to file a lawsuit.