1. The instant lawsuit shall be dismissed.

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

1. The party's assertion

A. On January 29, 2007, the Plaintiff asserted that the Plaintiff loaned KRW 1.5 million to the Defendant on May 10, 2007, setting the due date for repayment to the Defendant as 3% per interest month, and the mother of the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 180 million with respect to D land and ground buildings owned by the Defendant under the name of the Plaintiff mother C.

However, the Defendant did not repay the debt until the above maturity, and the Plaintiff received dividends of KRW 74,546,380 on February 13, 2008 from the auction procedure for the above land and the above ground buildings owned by the Defendant.

Therefore, the defendant is liable to pay to the plaintiff 30,453,620 won remaining after deducting 74,546,380 won as dividends from 15 million won, and damages for delay calculated at the rate of 3% per month from February 13, 2008 to February 12, 2008, and interest and damages for delay calculated at the rate of 3% per month from January 29, 2007 to February 12, 2008.

B. The Defendant asserted that he/she applied for bankruptcy or exemption to the Jeonju District Court and received a decision of exemption from liability from the above court, and the decision of exemption becomes final and conclusive, the Plaintiff’s claim of this case must be dismissed.

2. In other words, a claim on property arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim, becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act with respect to the judgment on the lawfulness of the lawsuit in this case, and the right to file a lawsuit and the executive force of a claim on property arising from a cause that occurred before the debtor

As to the legitimacy of the instant lawsuit ex officio, comprehensively taking account of the following: (a) the Defendant filed an application for bankruptcy or immunity with the Jeonju District Court 2012Hadan4555, 2012 and 4555; (b) was declared bankrupt on August 12, 2013; and (c) was decided to grant exemption thereafter by the said court; and (d) the said decision on exemption became final and conclusive on September 24, 2013. Accordingly, the foregoing loan claims asserted by the Plaintiff are prior to the declaration of bankruptcy.