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

2. Defendant C pays the following money to the Plaintiff:

(a) 36,00.

1. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has obtained immunity shall be exempted from all liability to the bankruptcy creditors, except the distribution pursuant to 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, the right to file a lawsuit against the debtor would be lost (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In view of the overall purport of the pleadings in the evidence Nos. 1 and 2, Defendant B, upon receiving a decision to grant immunity from the Plaintiff on November 29, 2007, failed to pay the money from the Plaintiff, and the said decision to grant immunity becomes final and conclusive on December 15, 2007.

The Plaintiff’s claim against Defendant B constitutes a bankruptcy claim against Defendant B arising from a claim arising before the declaration of bankruptcy, and thus, the Plaintiff’s claim against Defendant B is unlawful as there is no benefit of protection of rights.

2. In light of the overall purport of the pleadings in the statement Nos. 1 through 5 of the judgment as to the claim against Defendant C, the Plaintiff is recognized as having lent money to the Defendants as follows.

On May 31, 2005, the interest payment period for the principal debtor (joint and several debtor) debtor as of May 31, 2005, the C/C 3% on September 10, 2006, and KRW 38,000,000 on May 31, 2005, C/C 8,000 on June 23, 2005, C/C 400,000 on July 8, 2005, and KRW 2,000,000 on October 30, 2005 and KRW 5,200,000 on May 30, 200, C/C 10,000 on November 30, 206, C/C 10,000 on June 30, 206, C/C 300 on June 39, 2006.

① With respect to KRW 36,00,000, ② KRW 10,000 (net 1) within the extent of the agreed rate and the limitation under the Interest Limitation Act.