1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 1, 2008, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff to lease the first floor of 6,700,000 underground floors in Seoul Jung-gu, Seoul with a rental deposit of KRW 7 million, monthly rent of KRW 494,00, and monthly management fee of KRW 406,000, and transferred the said store to the Plaintiff on February 1, 2012.

B. After that, on February 1, 2012, the Defendant concluded a lease agreement with the Plaintiff on the lease deposit of 5 million won, monthly rent of 362,200 won, monthly management fee of 253,00 won, and the lease period of 253,000 won and January 31, 2013.

C. On October 24, 2014, the Plaintiff sent to the Defendant a document verifying that the sum of the rent, management fee, and public charge accrued to the Defendant under the said two lease agreements would be KRW 42,351,990, and the said amount would be paid. On December 2014, the Plaintiff received a favorable judgment by filing a claim for rent with the Seoul Central District Court Decision 2014Da252908.

On the other hand, on February 26, 2015, the Defendant filed an application for bankruptcy and exemption with the Seoul Central District Court and was declared bankrupt on May 11, 2015, and the decision to grant immunity became final and conclusive on July 8, 2015, and the decision to grant immunity became final and conclusive on July 25, 2015. The claim list contains KRW 42,351,990 as the Plaintiff’s claim.

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

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that a claim on property that has arisen before the debtor is declared bankrupt shall be a bankruptcy claim, and the main sentence of Article 566 of the same Act provides that the debtor who has been granted immunity shall be exempted from the liability for all obligations to the bankruptcy creditors except dividends arising from the bankruptcy procedures.

However, the fact that the defendant was declared bankrupt and exempted from liability is as seen earlier, and the rent claim claimed by the plaintiff constitutes a bankruptcy claim as it was caused before the defendant is declared bankrupt.