1. The instant lawsuit shall be dismissed.

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

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that an obligor who has been exempted from liability is exempted from all liability for all obligations to a bankruptcy creditor except for dividends under the bankruptcy procedure. Here, the term “Immunity” means that an obligor still exists in his/her obligation, but it is impossible to compel the obligor to perform his/her obligation. When a decision to grant immunity against a bankrupt debtor becomes final and conclusive, the obligation to grant immunity shall lose the ability to file a lawsuit with respect to ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). The Plaintiff filed a lawsuit against the Defendant seeking restitution of unjust enrichment under the Seoul Western District Court Decision 2007Gahap4158, Dec. 13, 2007; “The Defendant did not receive from the Plaintiff at least 212,517,63 won and from May 10, 2007 to the date of repayment; or, at least 200 per annum between the parties.17.”

However, according to the statements in Eul evidence Nos. 1 through 3, the defendant filed an application for bankruptcy and immunity with the Seoul Central District Court 2013Hadan7010, 2013Ma7010, the defendant was declared bankrupt on August 26, 2013, and the decision to grant immunity was finalized on February 18, 2014, and the above decision to grant immunity became final and conclusive on February 18, 2014 is recognized as stating the plaintiff's claim against the defendant in the creditor list at the time the above decision to grant immunity became final and conclusive. Accordingly, the lawsuit in this case is unlawful as a lawsuit seeking the performance of a claim that loses the power to file a lawsuit according to the determination of the above decision to grant immunity.

I would like to say.

Therefore, the plaintiff's lawsuit of this case is dismissed, and it is so decided as per Disposition.