1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On January 30, 2007, the Plaintiff was sentenced to the Seoul Northern District Court (2006da77880) that “the Defendant shall pay the Plaintiff the amount calculated by the rate of 20% per annum from January 4, 2007 to the day of full payment” (the judgment of service by public notice; hereinafter “instant judgment”). The above judgment became final and conclusive around that time.

B. On October 30, 2007, the Defendant filed a petition for bankruptcy immunity with six creditors including the Plaintiff on the list of creditors. On December 31, 2007, the Defendant was declared bankrupt by the Seoul Central District Court (2007Hadan42038) and granted immunity (hereinafter “instant bankruptcy immunity exemption”) from the above court on June 11, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Bankruptcy claims (property claims arising before the declaration of bankruptcy against the debtor) are confirmed when the decision to grant immunity to the bankrupt becomes final and conclusive, and are not entered in the list of creditors of the application for immunity.

Even if it does not fall under any subparagraph of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act is exempted from its liability, and the ability and executory power of filing a lawsuit that has ordinary claims by becoming natural obligations (see Supreme Court Decision 2010Da3353, May 13, 2010). (b)

However, according to the above facts of recognition, it is reasonable to view that the plaintiff's claim for the judgment of this case was entered in the creditors' list, and it is reasonable to view that the defendant's liability for the judgment of this case was exempted by the bankruptcy exemption

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.