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

2. Defendant B: (a) KRW 33,000,000 on the Plaintiff; and (b) October 2012 on the Plaintiff.

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and 2 and the purport of all pleadings:

On November 2, 2009, the Plaintiff set KRW 130,000,00 to Defendant B as interest rate of KRW 1% per month.

B. Defendant B paid KRW 97,00,000 out of the above loan, and Defendant C guaranteed the remainder of KRW 33,000,000 to the Plaintiff on October 15, 2012.

2. Defendant C asserted that Defendant C’s defense was unable to respond to the Plaintiff’s claim on March 10, 2016, on the grounds that the Daegu District Court was granted bankruptcy and immunity.

After Defendant C’s joint and several surety, the Daegu District Court 2014Hadan4683, 2014da4683, 2014da4683, which was the joint and several surety, discontinued the bankruptcy and grant immunity. The fact that the decision to grant immunity became final and conclusive on March 25, 2016 is significant in this court.

Therefore, the debt of Defendant C, who is the bankrupt, is naturally due to the confirmation of immunity, and the right and executory power of filing a lawsuit is lost. Therefore, the Plaintiff’s lawsuit against Defendant C is unlawful as there is no benefit of protection of rights.

In this regard, the plaintiff asserts that the defendant C did not grant immunity because he did not enter the above loan claim in the list of creditors in bad faith.

However, there is no evidence to acknowledge that Defendant C omitted the above loan claim in the creditor list in bad faith. Therefore, the Plaintiff’s assertion is without merit.

3. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from October 15, 2012 to February 11, 2016, the delivery date of a copy of the complaint from October 15, 2012, and 15% per annum from the following day to the day of complete payment.

4. If so, the plaintiff's lawsuit against the defendant C is unlawful. Thus, the plaintiff's claim against the defendant B is justified.