1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows. The plaintiff's explanation is as stated in the reasoning of the judgment of the court of first instance, except for the judgment as to the additional argument made by the court of first instance, since it is stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s additional assertion

A. The plaintiff's assertion argues that each of the above claims against the defendant against the defendant against the plaintiff is not subject to exemption, since the defendant knew of the existence of the loan claim of this case and the claim for indemnity against the defendant at the time when the defendant applied for bankruptcy and exemption.

B. 1) Determination of the relevant legal doctrine and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

A) Article 423 provides that “The claim on the property arising before the declaration of bankruptcy against the debtor shall be a bankruptcy claim” and Article 566 of the same Act provides that “the debtor granted immunity shall be exempted from all obligations to the bankruptcy creditor except dividends under the bankruptcy procedure: Provided, That no liability shall be exempted for the claims falling under any of the following subparagraphs.” Thus, even if the bankruptcy claim is not entered in the list of creditors in the application for immunity, it shall be exempted from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).” Here, immunity means that the debtor remains in existence of his/her obligation, but it is impossible to enforce the performance against the bankrupt debtor. Accordingly, when a immunity decision against the bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to institute a lawsuit that has ordinary claims, and the lawsuit seeking the payment of the exempted claim shall be claimed for the benefit of rights protection