1. The instant lawsuit shall be dismissed.

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

1. On December 1, 2010, the Plaintiff entered into a contract with the Defendant for door-to-door sales agency transaction that supplies the goods manufactured by the Plaintiff to the Defendant. The fact that the Defendant’s balance of the price of goods for which the goods the Plaintiff failed to pay by February 1, 2018 under the said contract was 84,993,339, and the Defendant made a bankruptcy and application for immunity (2019Hadan10180, 2019, 10180, 2019) in the Seoul Rehabilitation Court, and was declared bankrupt on July 8, 2019 by the said court, and the decision of immunity becomes final and conclusive on September 15, 2019, does not conflict between the parties.

2. The defendant's defense to the effect that the lawsuit of this case is unlawful, since the defendant's judgment on the main defense was exempted from the liability for the price of the above goods upon the bankruptcy and exemption decision.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor shall be entitled to a bankruptcy claim against the property claim arising from any cause arising before the declaration of bankruptcy is declared bankrupt,” and Article 566 of the same Act provides, “The debtor so exempted shall be exempted from all obligations to the bankruptcy creditors, except for dividends arising from the bankruptcy procedures.”

Here, the exemption 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 exempted from immunity shall lose the ability to file a lawsuit having ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the above basic facts, the Plaintiff’s claim for the payment of goods is a claim on the property arising from a cause that occurred before the declaration of bankruptcy against the Defendant, which constitutes a bankruptcy claim, and this constitutes a bankruptcy claim, and is lost the ability to file a lawsuit having ordinary claims due to the determination of the above decision to grant immunity.

Therefore, the defendant's defense is justified.

3. As such, the instant lawsuit is dismissed as it is unlawful.