1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. One-half of the total litigation costs shall be the plaintiff and the remainder.

1. The parties' assertion

A. On April 20, 201, the Plaintiff Hyundai Swiss Savings Bank lent KRW 304,00,000 to the Defendant, and on May 30, 2012, transferred the said loan claims to the Plaintiff and notified the Defendant of the assignment of claims on the same day.

Therefore, the Defendant is liable to pay to the Plaintiff the interest of KRW 160,517,910 (the principal of the remaining 62,261,068 won and interest of KRW 98,256,842 up to February 16, 2016) and damages for delay of KRW 62,261,068.

B. Since the Defendant was granted decision to grant immunity, the instant claim is unreasonable.

2. Facts of recognition;

A. On March 20, 2014, the Defendant was declared bankrupt by the Incheon District Court 201Hadan1201, and on July 3, 2014, the decision to grant immunity became final and conclusive on July 22, 2014, upon receipt of the decision to grant immunity from the Incheon District Court 201, the Incheon District Court 201.

B. On April 20, 201, the list of creditors of the above bankruptcy and exemption cases, is indicated as “the creditor: SBA Savings Bank, the date of borrowing: the first credit amount and the remaining principal: 304,000,000 won, and the place of use: the repayment of secured loan obligations.”

C. On September 1, 2013, Hyundai Swiss Savings Bank, Inc., changed its trade name to SBA Savings Bank.

[Reasons for Recognition] Clear Facts and the purport of the whole pleading

3. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, an obligor who has been exempted is exempted from the responsibility for all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures. Thus, a claim on property arising before the debtor is declared bankrupt, i.e., a bankruptcy claim, when a decision to grant immunity on the debtor becomes final and conclusive, shall lose the ability and executory power of filing a lawsuit which has ordinary claims by extinguishing its responsibility in principle.

B. The above loan claims constitute bankruptcy claims, and the above loan claims lose the ability to file a lawsuit and executory power as the immunity decision against the Defendant became final and conclusive.