1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff borrowed money several times to the Defendant operating a limited-type restaurant, and around April 2008, issued a loan certificate with a loan of KRW 290 million from the Defendant.

(hereinafter “instant claim”). (b)

On July 11, 2014, the Defendant filed an application for adjudication of bankruptcy and exemption under the Busan District Court Decision 2014Hadan1761, 2014Ma1761, and received the decision of exemption on June 25, 2015, and the said decision of exemption became final and conclusive on July 10, 2015.

(hereinafter “instant bankruptcy and exemption”) C.

The Defendant did not enter the instant claim in the list of creditors submitted at the time of filing the petition for bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the defendant's assertion of immunity

A. 1) The Plaintiff’s assertion as to the legitimacy of the lawsuit is a party’s assertion. The Defendant, at the time of the Plaintiff’s motion for bankruptcy and exemption, omitted the instant claim in bad faith in the obligee’s list, or did not enter the claim in the obligee’s list by negligence despite being aware of the existence of the said claim. Therefore, the instant claim constitutes non-

B) At the time of filing an application for the bankruptcy and exemption of the Defendant’s assertion, the Defendant did not unlawfully omit the instant claim in bad faith or omitted by negligence with the knowledge of the claim, and thus, the instant claim was exempted from liability by the bankruptcy and exemption decision of the instant case. Therefore, the instant lawsuit is unlawful. Therefore, Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The instant lawsuit is unlawful.” Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The claim on the property that occurred before the debtor is declared bankrupt shall be a bankruptcy claim,” and Article 566 of the Act provides that “The obligor, who has received the exemption,

Provided, That the following shall be applicable: