1. The Defendant shall pay to the Plaintiff KRW 38,294,698 and the interest rate of KRW 15% per annum from January 13, 2016 to the day of complete payment.

1. Determination on this safety defense

A. The defendant's assertion that the defendant was declared bankrupt on July 22, 2005, and was granted immunity on November 17, 2005, and that the plaintiff deposited KRW 30 million as security for the defendant's bank loans at the time of application for bankruptcy and exemption, but did not enter the plaintiff's obligations in the list of creditors. Thus, the defendant asserts that the above obligation was discharged upon the determination of exemption exemption.

B. In full view of the overall purport of the pleadings in each of the statements in the evidence No. 5-1 and No. 5-2, it can be acknowledged that the defendant filed an application for immunity on May 3, 2005 with the Seoul Central District Court Decision No. 2005Hadan3828, Aug. 16, 2005; the same court No. 2005, Aug. 16, 2005; the defendant omitted the above claim against the defendant against the defendant at the time of applying for bankruptcy and exemption; the above court declared bankrupt against the defendant on July 22, 2005; the court rendered a decision to exempt the defendant on November 17, 2005; and the decision to grant immunity became final and conclusive on December 4, 2005.

Meanwhile, according to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), an obligor who has obtained immunity is exempted from all liability for all obligations owed to any bankruptcy creditor, except distribution under the bankruptcy procedure.

Here, the exemption itself means that a debtor continues to exist, but it is impossible to enforce the performance against the debtor. As such, the exemption becomes final and conclusive and conclusive, the right to file a lawsuit against the debtor becomes void (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Meanwhile, Article 566 Subparag. 7 of the Debtor Rehabilitation Act provides for a claim that is not entered in the creditor’s list in bad faith as part of non-exempt claims. Here, “claim that is not entered in the creditor’s list in bad faith” refers to the debtor’s right to file a lawsuit against the bankruptcy creditor before immunity is granted.