1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

The effect of immunity, unless there are special circumstances, such as omitting claims in bad faith and failing to enter them in the list of creditors at the time of application for immunity, the right to file a lawsuit and the executive force of claims arising before the declaration of bankruptcy with respect to a debtor declared bankrupt and for whom immunity has been granted, shall be exempted by the effect of immunity, and shall lose the ability and executive force of claims ordinarily arising from natural debts.

According to the evidence Nos. 3-1 to 3-3, the defendant is declared bankrupt in the bankruptcy case of Seoul Central District Court 2010Hadan19004, and the above decision of immunity becomes final and conclusive on July 6, 2012 in the above court 2010Ma1904.

However, the plaintiff asserted that he lent KRW 2.6 million to the defendant around 1997. Thus, since the plaintiff's above loan claims against the defendant are clear of claims arising before the above declaration of bankruptcy, the plaintiff lost the ability to file a lawsuit with ordinary claims and executive force upon the confirmation of immunity from the defendant.

Therefore, the lawsuit of this case where the plaintiff seeks the payment of the above loan claim against the defendant is unlawful as there is no benefit in the protection of rights. Thus, the judgment of the court of first instance is unfair as the conclusion is different, and it is so decided as per Disposition by the assent of all participating Justices.