1. The instant lawsuit shall be dismissed.

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

The plaintiff filed an application against the defendant for the payment order of the Chuncheon District Court's 2009Da6777 claim, and the above payment order becomes final and conclusive, and has the claim of KRW 38.2 million as stated in the purport of the claim, and the claim of the interest for delay is sought to be fulfilled.

First, we examine the legitimacy of the instant lawsuit.

Based on each statement of evidence Nos. 1-1 through 3, the defendant can be recognized as including the plaintiff's credit at the Chuncheon District Court No. 2015Hadan543, 2015Ra543, and 543 upon bankruptcy and application for immunity, and the decision to grant immunity on February 25, 2016.

In light of the above recognition, the defendant is exempted from liability for all of his obligations to the plaintiff who is a bankruptcy creditor except distribution under the bankruptcy procedure as a debtor who has been exempted from liability under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, barring any special circumstances. Thus, the plaintiff is unable to enforce the performance against the defendant, and the plaintiff loses the ability to file a lawsuit that has ordinary claims.

Therefore, the lawsuit of this case seeking the performance of the above claim is unlawful as there is no benefit in the protection of rights, and the defendant's main defense to this purport is reasonable.

Therefore, the instant lawsuit is dismissed.