1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff leased KRW 15,00,000 to the Defendant on April 28, 2005 and KRW 15,000,000 on July 7, 2005, and received KRW 9,500,000 from the Defendant.

(hereinafter referred to as the “instant loan”) KRW 5,500,000 (hereinafter referred to as the “instant loan”).

On August 12, 2011, the Defendant was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) on July 16, 2012 by the Daegu District Court Decision 201Hau4560, 201Hau 4560 and 4560, and the said decision to grant immunity became final and conclusive on July 31, 2012.

C. The list of creditors prepared and submitted by the Defendant to the court while filing an application for bankruptcy and immunity is indicated in the list of creditors, including new card companies, KB National Card companies, and Korean banks, with the total amount of KRW 388,725,882, but the Plaintiff’s loan claims against the Defendant are missing.

【Fact- without dispute over the basis of recognition】 The non-contentious facts, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1, 2-3-1 and 3-2, and the purport of the whole pleadings

2. Determination on this safety defense

A. With respect to the Plaintiff’s claim for the payment of the instant loan by the instant lawsuit, the Defendant asserted that the Plaintiff could not comply with the Plaintiff’s claim because the Defendant was granted the immunity decision, and thus, the Plaintiff’s claim is examined as the instant safety defense.

B. Where the decision to grant immunity to the debtor becomes final and conclusive, the debtor is exempted from all liability to the bankruptcy creditor. In such a case, the bankruptcy claim shall lose the ability and executory power of filing a lawsuit that has ordinary claims as natural debts.

Meanwhile, Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a claim that is not entered in the list of creditors with knowledge of the existence of an obligation against a bankruptcy creditor before immunity is granted, and thus, the obligor is liable.