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 invested KRW 40 million in C Co., Ltd. (hereinafter “instant company”).

B. When it was difficult for the Plaintiff to recover the above investment amount from the instant company, the Plaintiff’s loan certificate No. 3 stating that “40 million won is borrowed on October 23, 2008 and the date of repayment shall be November 15, 2008” from the Defendant, who had worked as the former business of the instant company on October 23, 2008, is “the loan certificate No. 3, hereinafter “the loan certificate of this case”).

(2) Upon receipt of a promissory note as of November 15, 2008, which was issued on the same day, and as of the same day, each statement of the same effect, the issuer, the defendant, the par value of 40 million won, and the due date. [The fact that there is no dispute over the grounds for recognition, each statement as to Gap's evidence, and the purport of the whole pleadings

2. The defendant asserts to the effect that the plaintiff's lawsuit of this case is unlawful, since the defendant's judgment on the defense prior to the merits became final and conclusive upon the court's ruling of bankruptcy and exemption. Since the above decision of immunity has no effect on the claims of this case, it

In full view of the purport of the argument in the evidence No. 3, the Defendant filed an application for bankruptcy and exemption (hereinafter “application for bankruptcy and exemption”) with the Gwangju District Court Decision 201Hau3506, 2011 and 3507 (hereinafter “instant application for exemption”); the Defendant was granted immunity from the above court on October 26, 2012; and the above exemption from immunity is recognized.

According to the above facts of recognition, the defendant's debt of this case is exempted from its liability pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act as the decision to grant the above immunity becomes final and conclusive, and becomes a natural debt, and the plaintiff's claim of this case has lost the ability and executory power of filing a lawsuit that has ordinary claims, and thus, the lawsuit of this case is unlawful as

As to this, the plaintiff demanded payment of the claim of this case to the defendant at each time. The defendant knows the existence of the claim of this case.