1. The instant lawsuit shall be dismissed.

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

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1, the facts that the plaintiff deposited KRW 180,1270,000 in the National Bank account in the name of the defendant, a national bank account in the name of the defendant, KRW 6,77,00,000 on April 20, 2007, KRW 5,950,000 on May 18, 2007, and KRW 15,000 on June 11, 2007.

In regard to the Plaintiff’s assertion that all of the above money was a loan to the Defendant, and sought the refund of KRW 1774,50,000,000 for the outstanding principal of the loan that was repaid after deducting KRW 677,00,000, the Defendant is dissatisfied with the purport that there is no obligation

The right to claim property against a debtor subject to examination, declaration of bankruptcy and decision of immunity before the declaration of bankruptcy becomes final and conclusive and conclusive, barring special circumstances, such as the omission of claims in bad faith and the omission of claims in the list of creditors at the time of application for immunity, the right to file a lawsuit, the natural obligation of which has ordinary claims, shall lose its ability and executive capacity.

However, on July 15, 2015, the Defendant filed an application for the exemption from bankruptcy on December 10, 2015 with the Incheon District Court 2015Hadan3713, 2015, and 3715, the Defendant was declared bankrupt on December 10, 2015; the discontinuation of bankruptcy and the exemption from immunity on April 29, 2016; and the fact that the exemption from immunity became final and conclusive on May 17, 2016 can be recognized by this court or by comprehensively taking into account the overall purport of pleading in the statement in the evidence No. 2016. Therefore, it is reasonable to view that the Defendant’s claim of this case by the Plaintiff’s assertion was due to a cause that occurred before the said exemption from immunity was finalized and thus, the Defendant’s liability is exempted by the confirmation of the above exemption from the Defendant’s liability;

As to this, the Plaintiff was aware of the existence of the instant loan claim in the above bankruptcy procedure and did not enter it in the list of creditors. Thus, the Plaintiff did not exceed the Debtor Rehabilitation and Bankruptcy Act.