1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. On December 13, 2005, the Plaintiff filed a lawsuit against the Defendant for a loan claim against the Chuncheon District Court Decision 2005Kadan5648, and the above court rendered a judgment that “the Defendant shall pay 5% interest per annum from February 1, 2002 to July 31, 2005, and 20% interest per annum from the next day to the day of full payment”. The above judgment became final and conclusive around that time; the Defendant did not pay the above money to the Plaintiff; the Defendant filed a petition for bankruptcy with the Seoul Central District Court Decision 2014Hadan2847, which was declared bankrupt; the Defendant was permitted to discharge from liability on January 8, 2015; the Plaintiff’s claim did not appear to have been claimed as the obligee in the above case; and the Plaintiff’s claim against the Plaintiff and the Plaintiff’s obligee in the above case cannot be acknowledged as a separate claim exemption from liability; and the Plaintiff’s obligee in the above case, other than the Plaintiff’s claim exemption from liability.

B. 1) According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, an obligor who has been exempted is exempted from all obligations to a bankruptcy creditor except distribution under the bankruptcy procedure. Thus, a claim on property arising from a cause prior to the declaration of bankruptcy against a debtor, namely, a bankruptcy claim, in principle, loses the ability to institute a lawsuit and the power of executory power by extinguishing the liability in principle when a decision to grant immunity against a debtor becomes final and conclusive. 2) In light of the above legal principles, in the instant case, according to the health care unit and the above fact-finding, the Plaintiff’s claim against the