1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Plaintiff filed an application with the Defendant for a payment order of KRW 13,00,000 (hereinafter “instant loan”) from the Changwon District Court through the Changwon District Court on the ground that there was a loan of KRW 13,000,000 (hereinafter “instant loan”). On January 26, 2004, the obligor (the Defendant) received from the above court on May 10, 200 to the delivery date of the original of this payment order for KRW 3,00,000 from May 10, 200 to the date of service of the original of this payment order for KRW 20,000,000 per annum from the following day to the date of full payment until the date of service of the original payment order for the payment order for KRW 20,000 (hereinafter “the Defendant”) to the Defendant at each rate of KRW 20,000 per annum 30,000,000 from the original of this payment order for the payment order to the date of full payment.”

B. Thereafter, on November 8, 2010, the Plaintiff received a collection order for the seizure and collection of the instant claim (hereinafter “instant claim seizure and collection order”) under the Busan District Court Order 2010TTT 33864, designating the Defendant as the garnishee, Gyeongnam Bank, etc. as the garnishee.

C. Meanwhile, on August 12, 2016, the Defendant filed a petition for bankruptcy and immunity with the Daegu District Court 2015, 1699, 2015Hadan1699, and received a decision to grant immunity from the said court (hereinafter “decision to grant immunity”).

On August 27, 2016, the decision to grant immunity of this case was finalized on August 27, 2016, and the list of creditors submitted by the defendant was omitted the entry of the loan or payment order of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The Defendant alleged that the instant lawsuit was unlawful since he/she received a decision to grant immunity. As to this, the Plaintiff asserted that the instant lawsuit was unlawful, and the Plaintiff, knowing the existence of the instant payment order, omitted it in the list of creditors.