1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. The grounds for the claim shall be as specified in attached Form of the facts;

(However, the creditor shall be deemed the defendant)

2. The defendant, who judged on the previous defense of the merits, was exempted from the obligation of this case against the plaintiff, and thus, the lawsuit of this case is unlawful.

The main text 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 all obligations to the bankruptcy creditors, except dividends pursuant to 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 bankrupt debtor becomes final and conclusive, a claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Pursuant to Articles 1 and 2, the Defendant, on October 25, 2007, entered the Plaintiff’s instant claim in the list of creditors and obtained the exemption from bankruptcy (or a decision to grant immunity on Oct. 25, 2007). The Plaintiff’s claim in this case is recognized as having occurred due to the cause before the bankruptcy is declared, and thus, it is reasonable to deem that the Plaintiff lost the ability to file a lawsuit against the Defendant.

3. According to the conclusion, the Plaintiff’s lawsuit in this case is unlawful as there is no benefit to protect the rights.