1. The instant lawsuit shall be dismissed.

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

1. Facts [based on the recognition of facts] Gap evidence 1, Eul evidence 1, and 2 (including paper numbers), and the purport of the whole pleadings was determined and lent to the defendant as a lease period of two years on January 13, 2014.

On January 13, 2015, the Defendant was declared bankrupt on December 16, 2015, the Suwon District Court 2015Hadan183 and 2015Ha183, and was declared bankrupt on December 16, 2015, and the decision was finalized on March 25, 2016.

2. On the grounds that the Defendant exempted the instant claim from liability, the Plaintiff asserted that the Defendant’s assertion is unreasonable, since the Plaintiff promised to repay the instant loan obligations before the declaration of bankruptcy and did not raise an objection against the new certificate of borrowing.

In other words, a claim on property arising from a cause before the bankruptcy is declared against a debtor, and a bankruptcy claim becomes final and conclusive, in principle, the liability is extinguished, and the right to file a lawsuit and the executive power of the debtor becomes natural obligation is lost.

▷갑 3호증의 기재에 의하면 피고가 2015. 9. 14.부터 2016. 4. 27.까지 월 40만 원 또는 30만 원씩을 원고에게 지급한 사실이 인정되나, 이는 파산선고(2015. 12. 16.) 전의 약정에 따른 것으로 원고가 주장하는 채권 역시 파산채권에 해당하고 이 사건 면책허가결정이 확정됨으로써 통상의 채권이 가지는 소제기 권능과 집행력을 상실하였다고 봄이 옳다.

▷설령 피고가 파산선고 후 원고에게 지급을 약속하였다

Even if there is no evidence that the act of the original defendant constitutes grounds for refusing to grant immunity, such as bankruptcy crime, the intent of the personal bankruptcy exemption system for the economic rehabilitation of the debtor, and the agreement is also made before immunity becomes final and conclusive, and the immunity exemption of this case is effective.

Therefore, the claim of this case is ordinarily based on the decision to grant immunity.