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. Basic facts

A. The Plaintiff remitted to the Defendant KRW 1,00,000,000 on July 4, 2013, and KRW 9,000,00 on July 8, 2013, respectively.

B. The Defendant filed a petition for bankruptcy and discharge with the Seoul Rehabilitation Court No. 2016Hadan10741, 2016 10741, and the Plaintiff entered the said list as the obligee.

On March 16, 2018, the above court rendered a decision to grant immunity to the defendant, and the decision became final and conclusive on April 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. As to the Plaintiff’s claim for the payment of KRW 10,00,000 and damages for delay against the Defendant, the Defendant asserts that the Defendant was exempted from the obligation to pay the above principal and interest upon receiving a decision of immunity from the court as a bankrupt.

B. In other words, a property claim arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim becomes final and conclusive when immunity is granted against the bankrupt pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the discharge of a claim would lose the ordinary right and executory power of filing a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the above findings of recognition, the Plaintiff’s claim against the Defendant was arising from a cause before the declaration of bankruptcy, and the Plaintiff’s claim against the Defendant lost the ordinary right and executory power of filing a lawsuit due to the confirmation of immunity granted against the Defendant, and thus, the Plaintiff’s lawsuit against

3. The lawsuit of this case shall be dismissed as unlawful.

Since the judgment of the first instance court is unfair with different conclusions, the defendant's appeal shall be accepted, and the decision of the first instance shall be revoked and the lawsuit of this case shall be dismissed.