The plaintiff's lawsuit against the defendant C and E shall be dismissed respectively.

The Plaintiff

A. Defendant B Co., Ltd. is KRW 400 million and this.

1. Determination as to the claim against Defendant C and E

A. The summary of the parties’ assertion appears to be a clerical error in the grounds for the claim (see, e.g., Supreme Court Decision 2016Da1448, Jan. 14, 2016) as stated in the separate sheet (see, e.g., Supreme Court Decision 2019Da1248, Jan. 4, 2016).

On the other hand, Defendant C's claim against Defendant C and E is unlawful, since the above decision became final and conclusive with the approval of bankruptcy and immunity from the Daejeon District Court, Defendant E received a bankruptcy decision from the Daejeon District Court.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that the obligor who has been exempted from liability is exempted from the liability to all of the obligations owed to the bankruptcy creditors, except for the distribution under the bankruptcy procedure.

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 bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence No. 1 and evidence evidence evidence evidence evidence No. 100, Oct. 15, 2015 to Defendant C, each joint and several surety claim amounting to KRW 200,000,000,000,000,000,000,000 won on Oct. 17, 2014 and 10,016, Defendant C declared bankrupt and application for immunity under the Daejeon District Court Decision No. 20145, May 18, 2020.

According to the above facts, the plaintiff's loan claims and joint and several guarantee claims against the defendant C are based on the reasons before the bankruptcy is declared.