1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. The Plaintiff has a claim against the Defendant under the Busan High Court Decision 95Na3176 delivered on July 4, 1996 (hereinafter “instant claim”), and sought payment of KRW 333,185,59 and damages for delay.

Since the defendant is granted immunity, the lawsuit of this case is asserted that there is no interest in the lawsuit.

B. In other words, a property claim arising from a cause before the debtor is declared bankrupt, and a bankruptcy claim becomes final and conclusive in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and upon confirmation of a decision to grant a immunity on the bankrupt, all of the liability is extinguished in principle, and the right to institute a lawsuit and the executive force of ordinary claims are lost.

According to each of the statements and arguments in Eul evidence Nos. 1 through 3, the defendant can recognize the fact that the plaintiff's claim of this case is included in the list of creditors of the above bankruptcy and exemption case by filing a bankruptcy and exemption application with Seoul Central District Court No. 2014Hadan10800, 2014Ha100 and 2014Ma100 and such exemption is finalized on September 25, 2015 and the exemption from immunity becomes final and conclusive on October 15, 2015.

According to the above facts of recognition, the claim in this case was exempted from its responsibility according to the above immunity decision and lost the ability and executory power of filing a lawsuit with ordinary claims.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.