1. The instant lawsuit shall be dismissed.

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

1. Summary of the parties' assertion

A. The plaintiff's assertion is as shown in the ground for claim attached to the summary of the claim

(However, “creditor” is “Plaintiff”, and “debtor” is “Defendant”). (B)

The defendant's summary of the defendant's assertion is declared bankrupt and granted immunity, and thus he cannot respond to the plaintiff's claim.

2. As to the lawfulness of the instant lawsuit

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to any property claim arising from a cause that occurred before the declaration of bankruptcy is declared bankrupt,” and Article 566 of the Act provides that “a debtor granted immunity shall be exempted from all of his/her obligations to bankruptcy creditors except for dividends arising from bankruptcy procedures: Provided, That a debtor granted immunity shall not be exempt from all of his/her obligations with respect to the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010). In addition, the term “Immunity” in this context means that a debtor is not able to enforce the performance of his/her obligations to the bankruptcy debtor, even if he

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 Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

Judgment

We examine this case in light of the above legal principles.

On April 10, 2019, the Defendant: (a) filed bankruptcy and application for immunity with the Daegu District Court (2019Hadan10365, 2019, 10365) on April 10, 2019; (b) was declared bankrupt on October 21, 2019 by the said court; (c) was granted immunity on December 17, 2019; and (d) the fact that the said immunity became final and conclusive on January 20, 2020 is recognized according to the purport of this court or the entire pleadings.

Therefore, the claim against the defendant by the plaintiff against the defendant is before the bankruptcy is declared against the defendant.