1. The instant lawsuit shall be dismissed.

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

On June 29, 2010, the Plaintiff entered into a lease agreement with the Defendant on June 29, 2010 with respect to 301 multi-family houses for non-resident C, non-resident C, the wife population, and paid the above lease deposit to the Defendant by the term of July 9, 2012, the lease agreement was explicitly renewed, and the fact that the said lease agreement was implicitly renewed, and that the Plaintiff expressed to the Defendant the intention to terminate the lease agreement on September 4, 2014, is no dispute between the parties.

According to the above facts, the defendant is obligated to return the lease deposit amount of KRW 70 million to the plaintiff, except in extenuating circumstances.

The defendant's assertion asserts that since the defendant was declared bankrupt or exempted from liability, the defendant's obligation against the plaintiff was exempted from liability.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The debtor shall be exempted from all liability for all obligations to bankruptcy creditors except dividends under the bankruptcy procedure,” and Article 566 of the Act provides that “The debtor who has been exempted from liability shall be exempted from all liability for all obligations to bankruptcy creditors, except for dividends under the bankruptcy procedure: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, a bankruptcy claim shall be exempted from liability with respect to the effect of immunity unless it falls under any of the proviso of Article 566 of the Act, regardless of whether it is entered in the list of creditors of the application for immunity or not (see Supreme Court Decision 2010Da3353, May 13, 2010). In such a case, the term “Immunity” means that the debtor remains in existence, but it is impossible to compel the debtor to perform his/her obligation. Accordingly, when the decision to permit the discharge becomes final and conclusive, a claim with respect to the bankruptcy debtor shall lose the ability to institute the ordinary claim (see Supreme Court Decision 20135Da201535, Sept. 285, 2015, 2015, 2015, 2015.