1. The instant lawsuit shall be dismissed.

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

In full view of the statement in Gap evidence No. 1 and the purport of the entire pleadings, the plaintiff filed a lawsuit against the defendant (Seoul Northern District Court 2005Kadan1497) and was sentenced on April 15, 2005 to the effect that "the defendant shall pay to the plaintiff 37,50,000 won and 20% interest per annum from January 28, 2005 to the day of complete payment." The above judgment became final and conclusive around that time, the defendant filed an application for bankruptcy and exemption with the Incheon District Court 2014Hadan1205, and the decision of immunity and exemption was made in the above case, and the decision of immunity became final and conclusive, and at the time when the defendant filed an application for bankruptcy and exemption, the defendant omitted the plaintiff's claim in the list of creditors at the time of the bankruptcy and exemption.

On the other hand, Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor who has been exempted shall be exempted from all liabilities to bankruptcy creditors except for dividends under the bankruptcy procedure." Thus, barring any special circumstance, barring any special circumstance, the above defendant's obligation to the plaintiff according to the above exemption decision was discharged (and there is no evidence to prove that the defendant did not enter the claim of this case in the creditor list in bad faith). Thus, the plaintiff's assertion seeking the claim for the judgment amount of 2005Ka1497 cannot be accepted.

Therefore, the plaintiff's claim against the defendant is exempted and loses the ability and executory power of filing a lawsuit that has ordinary claims upon discharge, and thus, the plaintiff's lawsuit against the defendant against the defendant is unlawful as there is no benefit of protection of rights. Therefore, it is so decided as per Disposition