1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff, on October 31, 2006, lent 5 million won to the defendant on the summary of the party's assertion, and sought the return of the above loan.

On November 8, 2011, the defendant asserted that the defendant's liability for the plaintiff's claim was exempted because he was declared bankrupt and exempted by the Seoul Central District Court.

B. In other words, a property claim that occurred before the debtor is declared bankrupt, that is, a bankruptcy claim is a property claim that occurred before the debtor is declared bankrupt, and a decision to grant immunity to the debtor becomes final and conclusive under the Debtor Rehabilitation and Bankruptcy Act, the debtor’s liability is extinguished in principle, and the right and executory power of filing

In full view of the purport of evidence Nos. 1 and 2 as a whole, the defendant filed an application for bankruptcy and immunity with the Seoul Central District Court (2010Hadan5813, 2010Ma5813, 5813) around 2010, and received notification of bankruptcy and exemption from immunity from immunity from the above court on November 8, 201, and each of the above decisions becomes final and conclusive on November 23, 2011. In light of this, the plaintiff's claim against the defendant against the defendant in this case is final and conclusive, and thus, the plaintiff lost the ordinary right to file a lawsuit and executory power, and thus, the lawsuit in this case is unlawful as there is no benefit of protection of rights.

2. The plaintiff's lawsuit of this case shall be dismissed as it is unlawful, and the judgment of the court of first instance shall be dismissed as it is unfair, and it shall be revoked and it shall be so decided as per Disposition.