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

2. The Plaintiff and Defendant C shall be sentenced to the Incheon District Court on July 14, 2010.

1. Defendant B;

A. The main sentence of Article 56 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from liability shall be exempted from all liabilities to the bankruptcy creditors, except dividends under the bankruptcy procedures.

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, a claim that has been granted immunity shall lose the capacity to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 20, 2015). In addition, in cases where an illegal lawsuit cannot correct the defect, the lawsuit may be dismissed by a judgment without holding any pleadings.

(Article 219 of the Civil Procedure Act).

According to the records of this case, the following facts are revealed.

Defendant B filed an application for bankruptcy and immunity with the District Court Nos. 1974 and 2015Hadan1972, and was granted immunity on February 22, 2017.

The decision to grant immunity was made on March 10, 2017.

However, the list of creditors of the decision to grant immunity includes claims according to the final and conclusive judgment for which the Plaintiff seeks confirmation as the lawsuit in this case.

Therefore, Defendant B was exempted from the Plaintiff’s liability for claims based on the Plaintiff’s above final judgment due to the determination of the above immunity decision.

This part of the lawsuit is unlawful because there is no benefit of confirmation and benefit of protection of rights.

The plaintiff's lawsuit against the defendant B is illegal and its defects cannot be corrected. Thus, it shall be dismissed by a judgment without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

2. Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment without holding any pleadings: Articles 208(3)1 and 257 of the Civil Procedure Act;