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

2. Defendant B: (a) KRW 130,000,000 for the Plaintiff; and (b) as to this, on January 2019.

1. Facts of recognition;

A. On November 6, 2009, the Plaintiff leased KRW 130,000,00 to D Co., Ltd. with a maturity of KRW 30,000 on December 30, 2012 and interest rate of KRW 30,00 per annum (payment on December 10, 201). The Defendants set the above loan obligations against the Plaintiff of D Co., Ltd with a maximum amount of KRW 130,00,000, and jointly and severally guaranteed it.

B. D Co., Ltd. did not repay the above loan obligations to the Plaintiff.

C. On January 8, 2019, Defendant C designated the creditor as the Plaintiff, etc. and applied for adjudication of bankruptcy and exemption under the Changwon District Court 2019Hadan37, 2019Ha36. On July 26, 2019, the said court decided the Defendant C’s exemption and exemption and the said exemption became final and conclusive on August 10, 2019.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the legitimacy of a lawsuit against Defendant C

A. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The exempted debtor shall be exempted from the responsibility for the whole of his/her obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedure.”

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, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015).

Judgment

Defendant C filed an application for adjudication of bankruptcy and exemption under the Changwon District Court Nos. 2019Hadan37 and 2019Ma36, and the above court determined exemption of Defendant C on July 26, 2019 and became final and conclusive on August 10, 2019, as seen earlier.

Therefore, the Plaintiff’s joint and several liability claim against Defendant C lost the ability and executive capacity to file a lawsuit with ordinary claims upon confirmation of immunity from the Defendant C.

Therefore, the plaintiff's action against the defendant C.