1. The instant lawsuit shall be dismissed.

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

In full view of the purport of the argument stated in Gap evidence No. 1, the plaintiff held a claim against the defendant for a promissory note amounting to KRW 20,00,000,00, issue date June 5, 1996). The plaintiff filed a lawsuit against the defendant under Seoul Western District Court Decision 2005No64371, Jan. 20, 2006, and received a favorable judgment as stated in the purport of the claim, and it can be acknowledged that the judgment becomes final and conclusive as it is.

In order to extend the extinctive prescription of the above judgment, the Plaintiff sought payment of the said promissory note again against the Defendant.

However, according to the evidence Nos. 1 through 3, Nos. 4-1 and 2 of the evidence Nos. 4-2, the defendant filed an application for bankruptcy and exemption with the Daegu District Court 2010Hadan1321, 2010Ha, 1321, and 1321, and the list of creditors who filed the application for bankruptcy and exemption was entered in the above list of creditors who filed the application for exemption, and the defendant was granted the exemption decision as of April 20, 201 and the decision of exemption became final and conclusive.

According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), an obligor granted immunity is exempted from all liability for all obligations to a bankruptcy creditor except dividends under the bankruptcy procedure. Thus, a claim on property arising prior to the declaration of bankruptcy against a debtor, namely, a bankruptcy claim, becomes final and conclusive as a result of a decision to grant immunity against a debtor, and thus, lose the ability to file a lawsuit and the ability and executory power of an ordinary claim by extinguishing its responsibility in principle (see, e.g., Supreme Court Decision 2001Da3122, Jul. 24, 2001). The Plaintiff’s claim seeking in this case is obvious to be a claim arising from a cause arising before the Defendant is declared bankrupt, and thus, the right to file a lawsuit and executory power of an ordinary claim are

Therefore, the plaintiff's lawsuit of this case has no interest in protecting rights.