1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. In the case of the claim for reimbursement against the defendant in Seoul Central District Court Decision 2008Gadan226151, "the defendant paid to the plaintiff 92,607,776 won and 92,196,986 won per annum from September 25, 2003 to May 31, 2005, 18% per annum from the next day to July 1, 2008, and 20% per annum from the next day to the day of full payment." The judgment was finalized on September 23, 2008.

B. After that, the Defendant was declared bankrupt on June 2, 2015 in the bankruptcy case of Incheon District Court 2015Hadan1030, and was granted immunity from the above court on March 7, 2016 at the above court 2015Ma1034. The above immunity became final and conclusive around that time.

However, the plaintiff's claim for indemnity based on the above judgment was not indicated in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, substantial facts in this court, the purport of the whole pleadings

2. Determination

A. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides, “The exempted debtor shall be exempted from all liability to the bankruptcy creditor except for dividends under the bankruptcy procedure.” Here, the term “Immunity” means that the debtor continues to exist in his/her obligation, but he/she cannot compel the performance of his/her obligation to the bankruptcy debtor. As such, when a decision to grant immunity against the bankruptcy debtor becomes final and conclusive, the claims for which immunity has been granted shall lose the ordinary ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). The instant claims constitute a bankruptcy claim arising from a property claim arising from a cause arising before the bankruptcy is declared against the defendant, and barring any special circumstance, the Plaintiff cannot seek the performance of the instant claims against the defendant by becoming final and conclusive.

B. As to this, the Plaintiff omitted the Plaintiff’s claim in bad faith in the bankruptcy and exemption procedure.