1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. Basic facts

A. On November 6, 2014, C Co., Ltd. (hereinafter “C”) agreed to provide a loan to the Defendant by setting the interest rate of KRW 10,000,000 as 34.9% per annum and the due date for repayment until November 6, 2019, to be repaid in installments of principal and interest.

(hereinafter referred to as the above loans and the pertinent bonds are “the instant loans” and “the instant loans”). B.

The Defendant paid a total of three installment payments from March 2015 to July 2015, and lost the benefit of July 17, 2015. The loan principal repaid by the Defendant from July 17, 2015 to July 2015 is total of 331,336 won.

C. On December 31, 2015, C transferred the instant loan claims to the Plaintiff, and on February 2, 2016, C sent the notice of assignment of claims to the Defendant’s domicile by means of content certification.

On September 6, 2017, upon filing a petition for bankruptcy and immunity with the Daejeon District Court on March 13, 2018, the Defendant was declared bankrupt and the decision of permission for exemption was rendered (2017Hau 1544, 2017Hau 1538), and the said decision became final and conclusive on March 30, 2018.

E. As above, the Defendant did not enter the instant loan claims in the creditors list while filing bankruptcy and application for immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the defendant's defense was that the defendant obtained the court's decision to grant immunity, and thus, the defendant was exempted from the responsibility for all of the claims of this case.

Therefore, the plaintiff's lawsuit of this case is unlawful because there is no benefit of protection of rights.

B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

"Claims that are not entered in the list of creditors in bad faith" referred to in subparagraph 7 of Article 566 means cases where a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.