The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The parties' assertion

A. On April 1, 2013, the Plaintiff asserted that the Plaintiff leased KRW 33,00,000 to the Defendant at interest rate of 24% per annum and on March 31, 2023.

However, the defendant paid only interest until July 13, 2014, and did not pay interest and principal thereafter.

Therefore, the defendant is obligated to pay to the plaintiff the loan 33,00,000 won as well as the interest and delay damages stated in the purport of the claim.

(B) The Plaintiff’s loan alleged by the Plaintiff (hereinafter “instant loan”).

The summary of the Defendant’s assertion is that the Seoul Rehabilitation Court filed an application for bankruptcy and exemption, and the Defendant was granted immunity on June 15, 2018.

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor shall be a bankruptcy claim against a property claim arising before the bankruptcy is declared,” and the main text of Article 566 of the same Act provides, “The exempted debtor shall be exempted from all obligations to the bankruptcy creditor except for dividends arising from the bankruptcy proceedings.”

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 bankrupt debtor becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In light of the foregoing legal doctrine, the health care unit pertaining to the instant case, the Defendant filed an application for bankruptcy and immunity with the Seoul Rehabilitation Court No. 20126, Feb. 1, 2017; and at the time, entered the instant loan in the list of creditors; the Defendant received a decision to grant immunity on June 15, 2018 from the above court; and the fact that the decision became final and conclusive on August 22, 2020 can be recognized either by a dispute between the parties or by a statement of evidence No. 1 through No. 3.