1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The judgment on the legitimacy of the instant lawsuit (the judgment on the previous defense on the merits of the instant lawsuit) asserted that the Plaintiff acquired the claim for loans against the Defendant, which occurred from the Social Loan Co., Ltd., in succession, and sought the payment of the acquisition amount stated in the purport of the claim, the Defendant was granted immunity, and thus, the Defendant cannot comply with the Plaintiff’

When a decision to grant immunity to a bankrupt becomes final and conclusive, a property claim arising from the cause before the declaration of bankruptcy, namely, a bankruptcy claim, in principle, is extinguished in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the right to file a lawsuit and the executive force of an ordinary claim is lost.

Meanwhile, Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim that is not recorded in the list of creditors in bad faith by an obligor” means a claim that is not exempt from liability due to the decision of exemption, where the obligor knows the existence of an obligation prior to the decision of exemption and fails to enter it in the list of creditors. Whether the obligor’s bad faith is determined by comprehensively taking account of all the circumstances, including the details of the omitted claim, the relationship between the obligor and the obligee, the relationship between the obligee and the obligor, and whether the obligor’s explanation and objective data are consistent (see Supreme Court Decision 2010Da49083, Oct. 14, 2010). The obligor’s burden of proving the obligor’s bad faith is borne

In full view of the overall purport of the pleadings in the statement No. 1 (including additional numbers) of this case, the defendant was granted immunity from this court on December 30, 2008 by 208, 23710, 2008Hadan23710, which made a bankruptcy and application for immunity. The above immunity becomes final and conclusive on January 17, 2009. On the other hand, Gap evidence No. 1 (application for loan transaction) submitted by the plaintiff as a cause document is the same card.