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. Facts of recognition;

A. On December 18, 2006, the Plaintiff lent KRW 10,000,000 to the Defendant for interest rate of KRW 5% per month and due date of payment on September 18, 2007.

(hereinafter “instant loan”). (b)

On July 4, 2012, the Defendant obtained a decision to grant immunity (hereinafter “instant decision to grant immunity”) on November 25, 2013 by filing bankruptcy and application to grant immunity (hereinafter “instant decision to grant immunity”) with the Changwon District Court Decision 2012Hadan1370, 2012Ma1371, and the said decision to grant immunity became final and conclusive on December 10, 2013.

C. The list of creditors prepared and submitted by the Defendant to the court while filing the above bankruptcy and application for immunity is indicated in the total amount of KRW 98,695,289, including three creditors, including a limited liability company specializing in desired baby-backed securitization, a stock company, the Credit Counseling Fund, the Korea Asset Management Corporation, etc., but the Plaintiff’s loan claims against the Defendant

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, Eul evidence 2, evidence 3-1 to 3, 4, and 5, the purport of the whole pleadings

2. Determination on this safety defense

A. With respect to the Plaintiff’s claim for the payment of the instant loan by the instant lawsuit, the Defendant asserted that the Plaintiff could not comply with the Plaintiff’s claim because the Defendant was granted the immunity decision, and thus, the Plaintiff’s claim is examined as the instant safety defense.

B. Where the decision to grant immunity to the debtor becomes final and conclusive, the debtor is exempted from all liability to the bankruptcy creditor. In such a case, the bankruptcy claim shall lose the ability and executory power of filing a lawsuit that has ordinary claims as natural debts.

Meanwhile, Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a claim that is not entered in the list of creditors despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted. Therefore, when the obligor was unaware of the existence of an obligation, the obligor did not know thereof.