1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

1. Basic facts

A. The plaintiff is the father of the deceased C, and the defendant is the father of D.

B. D was indicted by Busan District Court Decision 201Gohap674 on January 13, 201 due to the crime of injury, death, etc. to the network C, and was sentenced to a judgment of innocence on the charge of violation of the Punishment of Violences, etc. Act (joint injury), such as a judgment of conviction of three years of suspended execution, in two years of imprisonment with prison labor, by the above court.

After being sentenced, the above judgment became final and conclusive as it is.

C. On November 22, 201, when the above trial was in progress, the Plaintiff couple drafted a written agreement with the Defendant, who is the mother of D, and the Defendant paid KRW 30,000,000 to the Plaintiff on the same day, and written a notarial deed stating that the remaining KRW 50,000,000 will be paid until December 31, 2017.

The defendant filed an application for bankruptcy and exemption with Busan District Court Decision 2014Hadan3078 and 2014Ka3078 and was declared bankrupt on May 22, 2015, and was decided to discontinue bankruptcy on August 18, 2015, and was decided to grant immunity on October 2, 2015, and the decision to grant immunity became final and conclusive on October 17, 2015.

E. The list of creditors in the above case of bankruptcy and exemption was indicated as “self-D guaranteed obligation” in the column of the Plaintiff’s debt.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff primarily asserts that the defendant intentionally applied for a personal bankruptcy in order to evade his/her obligations against the plaintiff, and obtained immunity by deceiving the court to the effect that his/her obligations against the plaintiff are not a criminal agreement but a guaranteed obligation, and thus, he/she is liable to compensate for damages arising from a tort.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was granted immunity by deceiving the court. Rather, according to the evidence No. 5, the Defendant’s specific circumstance that resulted in the filing of a petition for bankruptcy among the above applications for bankruptcy and exemption.