1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On January 30, 2002, the Plaintiff lent a total of KRW 61 million to the Defendant on July 12, 2002, including KRW 34 million, and KRW 61 million.

B. The Plaintiff filed a payment order against the Defendant with the Seoul Northern District Court 2004Da17155, which sought payment of the above loan, and received the payment order. The above payment order was served on the Defendant on November 25, 2004 and finalized on December 10, 2004.

C. The Plaintiff filed a complaint against the Defendant for fraud on the ground that the Defendant did not repay the above loan, and the Defendant was not subject to disposition of non-prosecution on March 29, 2005 (not subject to suspicion).

On May 18, 2007, the defendant was declared bankrupt by the Seoul Central District Court 2007Hadan21998, 2007Ma22016 and was granted immunity on April 25, 2008. The above immunity was finalized on May 17, 2008.

E. When filing the above application for immunity, the Defendant omitted the Plaintiff from the list of creditors while entering 26 creditors in the list of creditors.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The purport of the parties’ assertion is that the Plaintiff did not enter the Plaintiff in the list of creditors in bad faith, and thus, the decision of immunity has no effect. The Defendant asserts that the Defendant was exempted from the obligation to borrow money against the Plaintiff, as the Defendant may not know that there was a debt and did not enter in the list of creditors.

3. The effect of immunity, barring any special circumstance, such as the omission of claims in bad faith, is to lose the ability and executory power of filing a lawsuit, which is normally subject to natural obligations, even though the immunity of the debtor before the declaration of bankruptcy becomes final and conclusive and is not entered in the creditors list at the time of the application for immunity, with respect to claims arising from the grounds before the declaration of bankruptcy and immunity of the debtor is declared bankrupt.

In this case, the Plaintiff’s loan to the Defendant.