1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. From October 2013, the Plaintiff lent money to the Defendant from around October 2013, and paid on behalf of the Defendant various public charges to be paid by the Defendant.

On February 19, 2016, the Plaintiff prepared a written agreement including confirmation that the Plaintiff’s loan and subrogation claim against the Defendant are KRW 50 million.

(B) The Plaintiff’s claim against the Defendant (hereinafter “instant claim”).

On December 12, 2018, the Defendant designated a creditor as the Plaintiff and applied for adjudication of bankruptcy and exemption under the Busan District Court Decision 2018Hadan1448, 2018, 1448, and the said court decided the Defendant’s exemption on August 30, 2019 and the said exemption exemption became final and conclusive on September 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

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

The Defendant filed an application for adjudication of bankruptcy and exemption with Busan District Court No. 2018Hadan1448, 2018, and 1448, and the above court determined exemption of the Defendant on August 30, 2019 and confirmed that the exemption of the immunity became final and conclusive on September 17, 2019.

Thus, the Plaintiff’s claim of this case lost the right to file a lawsuit and the power of execution that has ordinary claims upon confirmation of immunity decision against the Defendant.

Therefore, the plaintiff.