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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 5:
On September 23, 2008, the Plaintiff loaned KRW 200,000 to the Defendant, and agreed that if the principal and interest are overdue between the Defendant and the Defendant, the damages for delay will be paid at the rate determined by the Plaintiff.
B. The Defendant lost the benefit of time by delinquency in paying the principal and interest of the above loan.
C. As of June 12, 2014, the above loan amounts to KRW 128,618,055 in total, including the principal amount of KRW 103,137,521, interest or damages for delay, and KRW 25,480,534, etc. As of June 12, 2014, the rate of damages for delay applied from the foregoing base date to the date of the closing of argument is 17
2. We examine ex officio the legality of the instant lawsuit on the lawfulness of the instant lawsuit.
Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be exempted from all of his/her obligations to any bankruptcy creditor except dividends pursuant to the bankruptcy procedure,” and Article 566 of the same Act provides that “The debtor who has been exempted from liability shall not be exempted from all of his/her obligations, except for dividends pursuant to the bankruptcy procedure: Provided, That any of the following claims shall not be exempted from liability.” Thus, even if a decision on immunity against the bankrupt becomes final and conclusive, a bankruptcy claim is not entered in the list of creditors of the application for immunity pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act, unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act, the liability is exempted pursuant to the main sentence of Article 566 of the same Act and loses the ability to file a lawsuit and executory power of claims ordinarily due to natural debt (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).