1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff lent KRW 5,00,000 to the Defendant on May 28, 2003, KRW 4,000,000 on July 2, 2003, KRW 2,000,000 on September 5, 2009, KRW 3,500,000 on September 8, 2003, and KRW 55,50,000 on September 42, 2003.

B. On October 18, 2013, the Defendant applied for bankruptcy and exemption under the Suwon District Court 2013Hadan7133 and 2013Ma7133, and was declared bankrupt on September 15, 2014 (hereinafter “2013Hadan7133”), and thereafter, the said decision became final and conclusive on December 18, 2014 upon receipt of the decision to grant exemption (2013Hahdan7133). The list of creditors of the bankruptcy and exemption cases in the above bankruptcy and exemption cases included the Plaintiff’s loan claims.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 8-1, 2, Eul evidence 9 and 10, and the purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act ex officio determination as to the legitimacy of the lawsuit in this case, a debtor who has been exempted from liability is exempted from all obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, a claim on property arising from a cause before the declaration of bankruptcy against a debtor becomes final and conclusive, namely, a bankruptcy claim becomes extinct in principle as a matter of principle, and the right and enforcement of a claim on the defendant who is sought by the plaintiff by the lawsuit in this case is due to a cause arising before the declaration of bankruptcy against the above defendant, and thus, a claim on KRW 55,00,000,000 against the defendant who is sought by the plaintiff by the lawsuit in this case loses the right and enforcement of a lawsuit which has ordinary claims due to the determination of immunity against the above defendant. Thus, the plaintiff's lawsuit against the defendant is unlawful

3. Thus, the lawsuit of this case shall be dismissed as unlawful, and since the judgment of the court of first instance is unfair with different conclusions, it is so decided as per Disposition with the cancellation of the judgment of the court of first instance and the rejection of the lawsuit of this case.