1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on this safety defense

A. As to the Plaintiff’s lawsuit of this case seeking the Defendant to pay the loan amounting to five million won and delay damages, the Defendant received the exemption decision against the Plaintiff on the above obligation against the Plaintiff, and thus, the lawsuit of this case is unlawful as there is no benefit of protection of rights.

B. 1) Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The right to claim property arising due to a cause before the declaration of bankruptcy against the debtor shall be a bankruptcy claim,” and the main text of Article 566 of the same Act provides that “the debtor granted immunity shall be exempt from all obligations to the bankruptcy creditor except dividends under the bankruptcy procedure.” Here, the term “Immunity” means that although the debtor continues to exist, it is impossible to enforce the discharge to the bankruptcy debtor. Therefore, once a decision to grant immunity against the bankruptcy debtor becomes final and conclusive, the exempted claim shall lose the ability to institute a lawsuit against the ordinary claim (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). If the purport of the argument in each of subparagraphs 1, 2, and 2 of the above Article is added to the loan obligee’s overall purport of pleading, the Plaintiff shall grant the loan exemption of KRW 75 million to the defendant at an annual rate of 200,000,000 to the Defendant’s 20.

3. As to the instant case in light of the aforementioned legal principles.