1. The instant lawsuit shall be dismissed.

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

1. On April 8, 2013, the Plaintiff asserts that he/she lent KRW 100 million to the Defendant, and filed a claim against the Defendant for payment of the said KRW 100 million and damages for delay.

On August 19, 2015, the defendant asserted that the lawsuit in this case is unlawful since he/she was granted immunity decision.

2. 1) Determination is based on the following: (a) any property claim arising before bankruptcy is declared against the debtor; (b) any bankruptcy claim is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

() Upon confirmation of a decision to grant immunity to a bankrupt under Article 566, in principle, the responsibility ceases to exist and the ability and executory power of filing an ordinary claim becomes natural obligation. According to the evidence Nos. 1, 2, and 3, the Defendant issued a promissory note with the Plaintiff on April 8, 2013, at the face value of KRW 100,000,000, and the due date of payment, April 8, 2014. The Defendant’s declaration of bankruptcy with the Government District Court Decision 2013Ha3289, Oct. 2, 2014; the Government District Court Decision 2013Ma3292, Aug. 19, 2015; and the above decision to grant immunity becomes final and conclusive on Sept. 4, 2015, the Plaintiff asserted that the Plaintiff’s claim against the Plaintiff’s obligee is not an executory obligation of KRW 50,000, which was ordinarily filed by the Defendant’s bankruptcy.

However, the following circumstances revealed by each of the above evidence, i.e., the defendant submitted at the time of filing a petition for bankruptcy immunity.