1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. In around 2004, the Plaintiff filed a lawsuit against the Defendant for a loan claim with this Court 2004Gahap1557, and on July 14, 2005, the conciliation was concluded to the effect that “the Defendant shall pay the Plaintiff the amount of KRW 152,00,000,000 to the Plaintiff up to December 31, 2005, and if it is delayed, the Defendant shall pay the Plaintiff the amount calculated at a rate of 20% per annum from the next day to the date of full payment (hereinafter “instant conciliation”).

B. Since then, the Defendant was declared bankrupt in the bankruptcy case No. 2006Hadan8930 of the Incheon District Court, and on October 4, 2007, the decision of immunity became final and conclusive on the 24th of the same month upon receipt of the decision of immunity in the case of immunity No. 10149 (hereinafter “the decision of immunity in this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The obligor who has been granted immunity is exempted from the responsibility for the whole of the obligations owed to the bankruptcy creditors (see the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). In other words, the obligor for whom immunity has become final and conclusive is exempted from the liability for bankruptcy claims, which are claims on the property arising before the declaration of bankruptcy, and becomes natural obligations owed to the

Accordingly, bankruptcy creditors lose the ability to file a lawsuit and executory power with respect to bankruptcy claims.

B. According to the facts acknowledged earlier, since the Defendant received the decision to grant immunity of this case after the conciliation of this case was completed and the decision to grant immunity of this case became final and conclusive, it is deemed that the Defendant exempted the Plaintiff, a bankruptcy creditor, from its liability for the obligations arising

Therefore, the Plaintiff, a bankruptcy claim, lost the ability to file a lawsuit and executory power with respect to claims arising from the instant conciliation.

C. Ultimately, the Plaintiff seeks payment of the claim against the Defendant following the instant conciliation.