1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne by the plaintiff.

1. Facts of recognition;

A. On December 4, 2015, Non-Party C Co., Ltd (hereinafter “Non-Party C”) determined KRW 4,000,000 as due date and lent to the Plaintiff KRW 34.894% of the interest rate and overdue interest rate, respectively, on May 15, 2018.

B. On December 9, 2016, Nonparty Company transferred the claim for the principal and interest of the loan (hereinafter “instant claim”) to the Plaintiff, and notified the Defendant of the transfer at that time.

C. Meanwhile, upon the Defendant’s application, the bankruptcy proceeding was commenced as Busan District Court No. 2017, 1701. On November 30, 2018, the Defendant was granted a decision to grant immunity under the same court No. 2017, 1701. The said decision was finalized on December 15, 2018, and the Plaintiff as the obligee of the instant claim in the bankruptcy proceeding is registered as the obligee in the list of creditors.

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 to 3, and Eul evidence 1 to 3]

2. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from the liability for all obligations to the bankruptcy creditors except dividends under the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim that has been granted immunity would lose the capacity to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). However, the instant lawsuit seeking payment of a claim, the immunity of which is final and conclusive, is unlawful, since the instant claim is a claim registered in the creditor list in the bankruptcy proceeding against the defendant and is also the Plaintiff.

3. In conclusion, the lawsuit of this case is unlawful and the judgment of the court of first instance cannot be maintained as it is. Thus, the lawsuit of this case shall be revoked and the lawsuit of this case shall be dismissed as per Disposition.