The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

The plaintiff, which caused the plaintiff, lent a total of KRW 95 million to the defendant.

Therefore, the defendant should pay to the plaintiff the total amount of KRW 95 million and damages for delay from the day immediately after the delivery date of the copy of the complaint of this case.

2. Determination

A. 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides for the following:

Article 423 provides that "any claim arising from a cause before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 provides that "the debtor granted immunity shall not be exempt from all obligations to any bankruptcy creditor except dividends under the bankruptcy procedure: Provided, That the claims falling under any of the following subparagraphs shall not be exempted from liability." Therefore, even if bankruptcy claims are not entered in the creditors list of application for immunity, they shall be exempted from liability with the effect of immunity unless they fall under any of subparagraphs of Article 566 (proviso) of the Debtor Rehabilitation Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010; 2000 won, 300 won, 100 won, 2010 won, 300 won, 1000 won, 2000 won, 3010 won, 2000 won, 300 won, 1000 won, 2015Da17517, 14, etc.).