1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. Basic facts

A. The Plaintiff remitted each of the bank accounts opened in the name of the Defendant B, KRW 5 million on January 25, 2010, KRW 5 million on April 26, 2010, KRW 5 million on May 25, 2010, KRW 500,000 on January 20, 2011, and KRW 30 million on June 3, 201, respectively.

B. Defendant C filed an application for adjudication of bankruptcy and exemption from liability with the Daejeon District Court Decision 2017Hadan691, 2017Ma687, and the list of creditors indicated the cause of the occurrence as the creditor, the cause of the cause of the occurrence, the first claim amount, the “50,000 won”, the place of the use, the “50,000 won”, the remaining principal, and the remaining interest and delay damages as “380,291 won”.

On December 27, 2017, the above court rendered immunity to the defendant, and the decision became final and conclusive on January 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (Evidence No. 5, the same as Evidence No. 5), Eul evidence Nos. 3 and 4, and the purport of the whole pleadings

2. We examine the legitimacy of the lawsuit against Defendant C ex officio on the lawfulness of the lawsuit against Defendant C.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “A debtor shall be entitled to a bankruptcy claim.” Article 566 of the same Act provides, “A debtor who has been exempted shall be exempted from all obligations to a bankruptcy creditor, except dividends under the bankruptcy procedure: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, a bankruptcy claim shall be exempted from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act, even if it is not entered in the list of creditors of the application for immunity (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). Here, the term “Immunity” means that a debtor himself/herself continues to exist, but it is impossible to enforce the performance of his/her obligations to a bankruptcy debtor:

Therefore, when immunity on the debtor's bankruptcy becomes final and conclusive, the debtor's immunity has ordinary claims.