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. On October 13, 200, the Defendant entered into an agreement on the transaction of passbook loan amounting to KRW 1,000,000 with C’s deposit account in the name of the Defendant as a loan account, and if necessary, withdrawn and used the loan from the said account.

B. The loan claims against the Defendant by C safe under the agreement on the transaction of passbook loan (hereinafter “instant loan claims”) were transferred to D on May 28, 2009, to E Co., Ltd. on September 7, 201, and to the Plaintiff on September 27, 2011.

C. Meanwhile, on May 2, 2011, the Defendant filed an application for bankruptcy and immunity with the Jeonju District Court 201Hadan1124 and 2011Ma124, and was declared bankrupt on August 1, 2012, and the decision to grant immunity became final and conclusive on October 23, 2012 upon receipt of the decision to grant immunity on September 27, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The defendant's judgment on the main defense of this case shall provide a defense to the effect that the loan claim of this case was exempted.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "the exempted debtor shall be exempted from all liabilities to the bankruptcy creditors except for dividends under the bankruptcy procedure." Here, the term "the exempted debtor" means that he/she still exists his/her obligation, but he/she cannot compel the bankruptcy debtor to perform his/her obligations.

Therefore, a claim on property arising from a cause before the debtor is declared bankrupt, i.e., a bankruptcy claim, in principle, ceases to exist when a decision on discharge of liability against the debtor becomes final and conclusive and becomes natural obligation and lose the ability to file a lawsuit and executory power (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). In this case, as seen earlier, the instant loan claim is a claim on property arising from a cause arising before the bankruptcy is declared, and the defendant is exempt from liability as the bankrupt debtor.