1. The instant lawsuit shall be dismissed.

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

1. On September 19, 2008, the Plaintiff filed a payment order against the Defendant for the payment order for oil price payment with the court 2008 tea869, and issued a payment order (hereinafter “instant payment order”) stating that “the Defendant would pay KRW 59,03,272 to the Plaintiff and delay damages therefrom” (hereinafter “instant payment order”). On November 14, 2008, the instant payment order was finalized as it is.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. The Plaintiff sought payment of KRW 35,132,951 as well as damages for delay from the remainder after deducting KRW 23,90,321 as the principal of the instant claim from KRW 59,03,272, which was already paid to the Defendant for the interruption of the extinctive prescription of the claim under the instant payment order (hereinafter “the instant claim”).

B. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that an obligor who has obtained immunity is exempted from all liability for all obligations owed to any bankruptcy creditor, except distribution under the bankruptcy procedures.

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 debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity would lose the capacity to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015).

In full view of the purport of the entire arguments in Eul evidence Nos. 1 and 2 (including additional numbers), the defendant is recognized as having been declared bankrupt on October 21, 201 in the Jeonju District Court 2010Hadan1638, 2010Ma1638, and granted immunity on November 25, 201, and around that time, the decision to grant immunity became final and conclusive.

On the other hand, this case's claim is a property claim arising before the bankruptcy is declared.