1. The judgment of the court of first instance is modified as follows.

The instant lawsuit is dismissed.

2. The total costs of the lawsuit shall be individually counted.

1. Facts of recognition;

A. The Plaintiff (formerly: B Co., Ltd.) holds against the Defendant a credit card payment claim of the same amount as that stated in the purport of the claim (hereinafter “instant claim”).

(2) The defendant does not dispute the claim amount. (2)

On June 15, 2011, the Plaintiff transferred the instant claim to the Intervenor, and notified the Defendant of the assignment of the claim on July 21, 201.

(The Notice of Transfer of Bonds shall contain the principal amount of KRW 11,917,508).

On May 20, 2013, the Plaintiff was declared bankrupt by Seoul Central District Court 2013Hahap64, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day, and the Korea Deposit Insurance Corporation took over the Plaintiff’s instant legal proceedings on April 15, 2019.

The defendant was declared bankrupt by the Daegu District Court 2016Hadan2250, and the decision of immunity was made on March 10, 2017 by the same court 2016Ma2250, and the above decision of immunity became final and conclusive on March 25, 2017.

[Grounds for Recognition: Facts without dispute, entry of evidence Nos. 1 to 4, purport of the whole pleadings]

2. Determination on the legitimacy of the instant lawsuit

A. Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that an obligor granted immunity shall be exempted from all obligations to a bankruptcy creditor except for dividends under the bankruptcy procedures. However, a bankruptcy claim shall not be exempted from all obligations to the bankruptcy creditor. Thus, even if it is not entered in the list of creditors of the application filed for immunity, the effect of immunity is exempted (see Supreme Court Decision 2010Da3353, May 13, 2010). Here, the term “Immunity” means that a debtor in bankruptcy exists, but is not forced to perform his/her obligations against the bankrupt debtor:

Therefore, when immunity on the debtor's bankruptcy becomes final and conclusive, the claim entitled to immunity is filing a lawsuit with ordinary claims.