1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's ground for claim

A. On May 1, 2014, the Plaintiff, as the primary cause of the claim, sold an amount equivalent to KRW 51,047,612 to the Defendant, claiming the payment thereof against the Defendant.

B. As the Defendant, on May 27, 2014, issued and delivered to the Plaintiff a promissory note amounting to KRW 51,047,612 at face value and KRW 7,014 on October 7, 2014, the Plaintiff sought payment of the said promissory note against the Defendant.

2. Bankruptcy and exemption against the Defendant was declared bankrupt on December 21, 2016 by the Daegu District Court 2016Hadan3446, and the bankruptcy was abolished on July 27, 2017.

On July 27, 2017, the defendant was granted immunity by the Daegu District Court 2016Da3446, and the above immunity became final and conclusive on August 11, 2017.

【Ground of recognition】 The fact that there has been no dispute, Eul's No. 2, and the purport of the whole pleading

3. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that “The exempted debtor shall be exempted from all liabilities to the bankruptcy creditors except the distribution by bankruptcy proceedings.”

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, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, a claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). 4. Therefore, the Plaintiff’s lawsuit against the Defendant is inappropriate as there is no benefit of protecting the rights, and thus, it is so decided as per Disposition.