1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the part of the lawsuit shall be dismissed.

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

1. Basic facts

A. On April 26, 2013, the Defendant received F dump trucks parked at the edge of road in front of the industrial company E in the wife population D by occupational negligence while driving a C-car owned by the Plaintiff (hereinafter “instant car”) on April 26, 2013.

(hereinafter referred to as “instant accident”) B.

The Plaintiff, who was under the influence of alcohol in the instant car due to the instant accident, sustained injury, such as cerebral le, which requires treatment for approximately three weeks, and the instant car was destroyed.

C. On July 25, 2016, the Defendant filed a bankruptcy and application for immunity with the Suwon District Court 2016Hadan3518, 2016Ha3518.

After the Suwon District Court rendered a ruling of bankruptcy on November 30, 2016, it decided to discontinue the bankruptcy on February 16, 2017. On February 16, 2017, it decided to exempt the defendant from immunity, and the above decision of immunity became final and conclusive on March 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 6 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s damage claim against the Defendant due to the instant accident against the Defendant on the main safety ground of the instant lawsuit is unlawful, since the Defendant’s immunity became final and conclusive as the immunity decision against the Defendant, thereby losing the capacity to file a lawsuit.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from liability is exempted from the liability for all obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedure.

Bankruptcy claims shall be exempt from the effect of immunity unless they fall under any of the subparagraphs of the proviso of Article 566 of the above Act, even if they are not entered in the list of creditors of the application for immunity.

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, regarding the bankrupt debtor.