1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from the whole liability to the bankruptcy creditors except for the distribution under the bankruptcy procedures.

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 debtor in bankruptcy becomes final and conclusive, a claim that has been granted immunity shall lose the ability to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

The plaintiff claims a loan to the defendant in this case, and comprehensively taking account of the purport of the whole argument in the evidence Nos. 1 and 2, the defendant applied for bankruptcy and exemption in this court No. 2007, 5566, 2007Hadan5534, and entered the plaintiff's above loan claims in the list of creditors; the above court decided to exempt the defendant after it rendered a ruling of bankruptcy against the defendant; and the above decision of immunity becomes final and conclusive on Nov. 7, 2008.

Therefore, the Plaintiff’s loan claim of this case lost the capacity to file a lawsuit.

2. If so, the instant lawsuit is dismissed as it is unlawful because there is no benefit to protect the rights.