1. The instant lawsuit shall be dismissed.

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

1. In order to operate a restaurant under the Plaintiff’s name, the Defendant: (a) borrowed KRW 30,000,000 from the Plaintiff as interest rate of KRW 600,000 per month (2% per month); and (b) the Plaintiff is obligated to pay the principal amount of KRW 30,00,000 and the agreed interest rate of KRW 24% per annum to the Plaintiff.

2. Whether the lawsuit of this case is lawful

A. The Defendant asserts that the Defendant was granted immunity under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”), and thus, the Plaintiff could not comply with the Plaintiff’s claim. On the other hand, the Plaintiff asserts that the Defendant, despite being aware of his/her obligation, was granted immunity without entering the Plaintiff’s claim in the list of creditors, and thus, he/she may seek reimbursement of the obligation by the instant lawsuit.

B. “Claims in bad faith not entered in the list of creditors” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) refers to a case where an obligor, despite being aware of the existence of a claim before immunity is granted, has not been entered in the list of creditors.

Therefore, the reasons for excluding the claims not entered in the creditors' list as above are deprived of the opportunity to promote the fairness of the procedure for immunity by the creditors omitted who raise an objection to the immunity within the procedure for exemption, and accordingly, the exemption is permitted without any objective verification procedure as to the grounds for disqualification of exemption under Article 564 of the Act, and when it becomes final and conclusive, it is a legal right given to the creditors who would suffer disadvantage without any opportunity to participate in such procedural verification procedure. Thus, the omitted creditors or the amount of claims are small or small, or the documents submitted by the debtor are alone.