1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

ex officio, we examine the legitimacy of the instant lawsuit.

Where a decision to grant permission for discharge to the debtor becomes final and conclusive, the debtor shall be exempted from all his/her obligations to any bankruptcy creditor, and in such cases, the debtor shall lose the ability to file a lawsuit that has ordinary claims and the executory power of filing a lawsuit that becomes natural obligations.

Meanwhile, Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the list of creditors in bad faith by an obligor" means a case where the obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim as provided in the above Article even

(1) In light of the overall purport of the pleadings in the evidence Nos. 2010Da49083, Oct. 14, 2010 (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). In full view of the overall purport of the pleadings in the evidence Nos. 1 through 3, 2012, the Defendant rendered a bankruptcy and application for immunity as of Sept. 20, 2012 and received a decision of immunity from the above court on July 10, 2013 (hereinafter referred to as “instant decision of immunity”), and the said decision of immunity becomes final and conclusive on July 27, 2013; the Defendant is recognized to have failed to enter the Plaintiff’s loan claims in the creditor list prepared and submitted by the court upon filing an application for bankruptcy and exemption.

However, in light of the fact that the Defendant knew of the existence of the Plaintiff’s loan claim, there is no evidence to acknowledge it, and rather, the following circumstances, which can be seen by comprehensively taking account of the Plaintiff’s written evidence No. 1 and the overall purport of the pleadings, i.e., the Defendant’s petition for bankruptcy and exemption from liability, was about 10 years from the time when the Plaintiff’s loan claim occurred.