1. The instant lawsuit shall be dismissed.

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

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 1, 2, and 3, taking into account the overall purport of the pleadings.

On July 8, 2010, the Plaintiff settled between the Defendant and the Defendant on July 8, 2010, that the Defendant borrowed 21.9 million won from the Plaintiff as of July 8, 2010, the Defendant agreed to pay 21.9 million won to the Plaintiff until July 8, 2012.

(hereinafter “instant claim”). (b)

On December 9, 2011, the Defendant filed an application for bankruptcy and immunity with the Chuncheon District Court No. 2009Hau779 and 2009Ma779, and obtained immunity from the above court on December 9, 2011. The above immunity became final and conclusive on December 24, 201, and the Defendant’s list of creditors did not state the Plaintiff’s claim against the Defendant.

2. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from the liability for all obligations to the bankruptcy creditors except dividends under the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit with ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). In the instant case, since the foregoing decision to grant immunity is final and conclusive, the Plaintiff’s lawsuit in this case was unlawful on the grounds that there was no benefit of protecting the rights, and thus, the lawsuit in this case is unlawful.

(B) In conclusion, the Plaintiff’s lawsuit of this case is unlawful and dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.