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. The Defendant asserted that the Defendant was declared bankrupt and granted immunity pursuant to the Debtor Rehabilitation and Bankruptcy Act, and that the Plaintiff’s filing of a lawsuit is unlawful. The Defendant’s main defense against the Defendant’s objection is against the law.

In other words, a claim on property arising from a cause before the debtor is declared bankrupt, and a bankruptcy claim becomes final and conclusive in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and in principle, the right to file a lawsuit and the executive force of an ordinary claim shall be extinguished and become natural obligation shall be lost.

According to the evidence Nos. 1 and 5-1 and 2 of the evidence Nos. 5-2, the defendant was declared bankrupt on January 12, 2015 in Seoul Central District Court 2014Hadan10782, 2014Ma10782, and the decision of immunity becomes final and conclusive on June 2, 2015, and the above decision of immunity becomes final and conclusive. Thus, since the claims the plaintiff seeks against the defendant were claims for the price of goods supplied by September 30, 2013, which were incurred before the declaration of bankruptcy, the right to file a lawsuit and the executive force of the defendant had ordinary claims upon confirmation of the decision of immunity against the defendant was lost.

As such, the Plaintiff’s lawsuit against the Defendant is unlawful as there is no benefit of protection of rights.

2. If so, the plaintiff's lawsuit of this case shall be dismissed in an unlawful manner, and the judgment of the court of first instance is unfair in its conclusion, so the judgment of the court of first instance shall be revoked, and the lawsuit of this case shall be dismissed and it is so decided as per Disposition.