The plaintiff's lawsuit against the defendant C is dismissed.

Defendant B shall pay to the Plaintiff KRW 146,062,50 on January 1, 2008.

1. Whether the lawsuit against the defendant C is lawful

A. In claiming the facts as to the cause of the claim against Defendant C, and filing a claim for the extension of the extinctive prescription of the claim pursuant to a final and conclusive judgment (a loan case 2009Dahap12285, January 21, 2010, February 17, 2010, the final and conclusive judgment) against the Defendant C, the Defendant C submitted a written statement that it was subject to bankruptcy and immunity after the said final and conclusive judgment.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to any property claim arising before the declaration of bankruptcy as a bankruptcy claim,” and Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all obligations to the bankruptcy creditors except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted for any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). In addition, the term “Immunity” in this context means that a debtor still exists, but it is impossible to enforce the performance to the bankruptcy debtor:

Therefore, when a decision to exempt a debtor from liability becomes final and conclusive, the claim that has been exempted from liability would lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the statement and pleadings and evidence Nos. 2015Da28173, Sept. 10, 2015, Defendant C was declared bankrupt as Incheon District Court Decision 2013Hadan2837, Oct. 22, 2013; Defendant C was revoked on Oct. 22, 2013; Defendant C was released from immunity as Incheon District Court Decision 2013Do2832, Jun. 16, 2014; and the fact that the decision to grant immunity becomes final and conclusive.

Therefore, the claim of this case against the defendant C by the plaintiff is declared bankrupt.