1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 3, 2002, the Plaintiff determined and lent KRW 4,600,000 per month interest to the Defendant as interest rate of KRW 200,000 per annum, and the due date of September 15, 2004, which was delayed when the repayment of principal or interest was delayed, as interest rate of KRW 60% per annum.

B. On February 6, 2009, the defendant applied for bankruptcy and exemption as Seoul Central District Court Decision 2009Hadan3059, 2009Da3059, and was declared bankrupt on June 26, 2009, and the decision became final and conclusive around that time after being granted immunity on August 24, 2009.

C. However, the list of creditors with respect to bankruptcy and immunity requested by the defendant is above the list.

The Plaintiff’s loan claim stated in the subsection (hereinafter “instant loan claim”) was not stated.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. The right to claim property arising before the declaration of bankruptcy and the decision of immunity on the debtor who was declared bankrupt becomes final and conclusive and conclusive, barring special circumstances, such as the omission of claims in bad faith at the time of the application for immunity, the right to file a lawsuit and the power of execution, which ordinarily become natural obligations, shall lose the effect of immunity (Article 565 and the main text and proviso of Article 566 and subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act). As to the instant case, health deposit and the loan claim in this case were incurred before the declaration of bankruptcy against the defendant, and the fact that the declaration of bankruptcy and the decision of immunity became final and conclusive without entering the list of creditors.

However, the following circumstances, i.e., bankruptcy and application for immunity after the lapse of a reasonable period from the date on which the instant loan claim occurred, which can be deemed to have been urged by the Plaintiff to repay obligations to the Defendant until immunity is granted.