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. The Plaintiff asserted by the parties, on September 30, 2016, sought the payment of the principal and interest of the loan against the Defendant on May 17, 2002, on the ground that he/she acquired the credit of the loan (which became final and conclusive in the case of loans, etc., rendered by the Suwon District Court 2006Gau214811) against the Defendant by transfer.

On November 30, 2012, the defendant asserts that he is not responsible for the repayment of the above debt on the ground that he was declared bankrupt and released from 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, a claim that has been granted immunity shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Comprehensively taking account of the overall purport of the arguments in the respective descriptions in subparagraphs 1 through 4, the Defendant filed an application for bankruptcy and immunity with the Seoul Central District Court 201Haak7045, 2016, 7045, and 2016, the Defendant was declared bankrupt on November 17, 2012, and was granted immunity exemption exemption on November 30, 2012, and the above exemption exemption becomes final and conclusive on December 21, 2012.

Accordingly, the defendant's obligation to lend the principal and interest to the plaintiff was exempted, and since the plaintiff's obligation to lend the loan to the defendant has lost the ability to file a lawsuit, the plaintiff's lawsuit against the defendant is unlawful.

3. As such, the lawsuit of this case is unlawful and thus, it shall be dismissed, and the judgment of the court of first instance is unfair, and it is so revoked and it is so decided as per Disposition with the decision to dismiss the lawsuit of this case.