1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C shall pay to the Plaintiff KRW 11,50,000 as well as the Plaintiff’s December 2, 2006.

1. The facts based on which a voluntary mediation (hereinafter “instant mediation”) was established on December 6, 2006, stating that “the Defendant shall pay KRW 23,000,000 to the Plaintiff” (hereinafter “instant mediation”) was either a dispute between the parties or a full view of the purport of the entire pleadings in the statement in No. 1 evidence No. 1, 2006 where the Plaintiff filed against the Defendants.

2. Determination on Defendant B’s main defense

A. Defendant B, as the gist of the defense became final and conclusive a decision to grant immunity to himself, defenses to the purport that the instant lawsuit seeking the payment of the instant conciliation amount is unlawful.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that an obligor who has been exempted from liability is exempted from all liability for all obligations owed to any bankruptcy creditor, except distribution under the bankruptcy procedure.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity would lose the capacity to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015).

Judgment

Comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 1 through 4, Defendant B is recognized as having been declared bankrupt on October 21, 2008 in Chuncheon District Court 2007Hadan3486, 2007 Ma3489, and granted immunity on January 30, 2009, and the decision of immunity became final and conclusive on February 14, 2009.

On the other hand, it is clear that this case's claim against Defendant B constitutes a bankruptcy claim since it is a property claim arising from the cause before the above bankruptcy is declared.

(See Article 423 of the Debtor Rehabilitation Act). Therefore, the instant claim against Defendant B is ordinarily subject to the determination of exemption from the above.