1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;

2. The total cost of a lawsuit shall be borne individually by each party.

purport.

1. Facts of recognition;

A. On December 14, 2001, the Defendant received a comprehensive passbook loan from the In-House Savings Bank within the limit of three million won.

B. On July 23, 2014, the Plaintiff acquired loan claims against the Defendant from the Sung Savings Bank Co., Ltd.

C. On February 11, 2016, the Defendant declared bankrupt and filed an application for immunity with the Busan District Court 2016Hadan700352016, 70035. On February 25, 2016, the Defendant was determined to declare bankruptcy and simultaneously abolish it, and the Defendant was granted immunity on April 11, 2016, and each of the above decisions became final and conclusive around that time.

[Grounds for recognition] The items of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion asserts that the defendant is obligated to pay the above loan and delay damages to the plaintiff who is the transferee of the above loan claim.

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

The main text of Article 566 provides that an obligor who has been exempted is exempted from the responsibility for all obligations to a bankruptcy creditor except for dividends under the bankruptcy procedure. Thus, the obligor is exempt from the responsibility for all obligations to the bankruptcy creditor. Thus, the obligor’s property claim arising prior to the declaration of bankruptcy (i.e., the bankruptcy claim becomes final and conclusive, and the obligor’s immunity becomes final and conclusive, thereby losing the ability to file a lawsuit having ordinary claims by extinguishing its responsibility as a matter of principle. (ii) According to the above recognized facts, the Defendant’s claim against the Defendant, which the Plaintiff seeks, is a bankruptcy claim that occurred prior to the declaration of bankruptcy.

Therefore, the plaintiff's claim against the defendant against the defendant has lost the ability to file a lawsuit that has ordinary claims and the power to enforce due to the decision to grant immunity against the defendant.

The plaintiff's lawsuit of this case against the defendant has no interest in protecting rights.