1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 5, 2004, the Plaintiff drawn up a notarial deed of monetary loan agreement No. 3775 (hereinafter “notarial deed of this case”) in 2004, stating that the Plaintiff shall lend KRW 45 million to the Defendant at the office of notary public D, and make repayment by September 10, 2004, and shall pay damages for delay at the rate of 60% per annum in the event of delay.

C. Meanwhile, the defendant was declared bankrupt and applied for immunity on September 24, 2009 by Changwon District Court No. 2007Da3360 and 2007Hadan3362, and the decision was finalized on October 13, 2009.

However, in the list of creditors, the defendant's claims are omitted.

[Ground of Recognition] Unsatisfy, Facts which are obvious to this court, Gap evidence 1, Eul evidence 1 and 2

2. The assertion and judgment

A. As to the Plaintiff’s assertion in the instant lawsuit for the extension of extinctive prescription of the claim based on the instant notarial deed, the Defendant already received the decision to grant immunity of the instant case, and accordingly, asserts that the Defendant’s liability for the said claim is exempted and cannot be complied with.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any property claim that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has been exempted shall be exempted from all obligations to the bankruptcy creditors except dividends under the bankruptcy procedure: Provided, That no liability shall be exempted with respect to the following claims." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim is exempted from its liability with respect to the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010), and its natural obligation is ordinary.