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. On the plaintiff's assertion that the defendant's main defense against the defendant has a claim for the amount equivalent to KRW 40,982,515 against the defendant, the defendant raised a defense that the plaintiff's claim for the amount of takeover was exempted since the defendant was declared bankrupt and decided to grant immunity.

2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that an obligor who has been indemnified is exempted from all obligations owed to any bankruptcy creditor, except distribution under the bankruptcy procedure.

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, the claim entitled to immunity shall lose the ability to file a lawsuit that has ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of the overall purport of the pleadings in the Health Account and Evidence Nos. 7-1 through 6, as to the instant case, the Defendant filed an application for bankruptcy and immunity with the Daegu District Court Decision 2008Hadan6810, Feb. 13, 2009, upon receipt of a decision to grant immunity on Jan. 28, 2009, and the said decision to grant immunity becomes final and conclusive on Feb. 13, 2009. Thus, insofar as the Plaintiff’s assertion that the Plaintiff’s claim to grant immunity constitutes a non-exempt claim under the proviso to Article 566 of the Debtor Rehabilitation Act, the Plaintiff’s claim constitutes a bankruptcy claim arising before the Plaintiff’s declaration of bankruptcy, and thus, the Defendant’s obligation was exempted by immunity.

I would like to say.

Therefore, since the Plaintiff’s claim for the acquisition of the claim has lost the ordinary right and executory power to file a lawsuit, the Plaintiff’s lawsuit of this case seeking the payment is unlawful as there is no benefit of protection of rights.

3. Thus, the plaintiff's lawsuit of this case is unlawful and thus it shall be dismissed, and the judgment of the court of first instance shall be dismissed.