1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion as to the cause of the claim has lent a total of KRW 75,922,200 to the Defendant several times during the period from August 21, 2010 to November 201, and has repaid only KRW 2,702,00 among them, and the Defendant shall return the balance of the borrowed amount of KRW 73,220,200.

2. We examine the legitimacy of the instant lawsuit, namely, a property claim arising from the cause before the debtor is declared bankrupt, and a bankruptcy claim, a bankruptcy claim, becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and a decision to grant immunity on the bankrupt pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, is extinguished in principle, and the right to file a lawsuit

In light of the above legal principles, comprehensively taking account of the facts revealed in the course of business and the purport of the entire pleadings in this court, the defendant can recognize the fact that the above decision became final and conclusive on January 7, 2020 upon receiving a ruling of bankruptcy and exemption from liability from the Jeonju District Court 2019Hadan570 on December 23, 2019, and 2019Mo570 on May 7, 202.

Therefore, since the Plaintiff’s above loan claim was arising before the declaration of bankruptcy and the immunity on immunity against the Defendant has become final and conclusive, the Plaintiff’s claim for payment of the above loan loses the right and executory power, it is unlawful as there is no benefit of protection of rights.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.