1. The instant lawsuit shall be dismissed.

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

1. A summary of the Plaintiff’s assertion was issued by the Defendant on February 24, 2001 by the former E Co., Ltd., and the trade name of the former E Co., Ltd was changed to the Plaintiff on October 1, 2007.

On June 12, 2019, the Defendant is obligated to pay the Plaintiff the principal and interest of credit card use proceeds, such as the amount claimed as of June 12, 2019.

2. Determination on the legitimacy of a lawsuit

A. In full view of the purport of the entire pleadings, the Defendant was declared bankrupt on October 19, 201 with Seoul Central District Court Decision 201Hadan180000 on October 19, 201, and the fact that, on March 28, 2012, the Defendant became final and conclusive upon receipt of a decision to grant immunity from the same court No. 201800 on March 28, 201.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has obtained immunity shall be exempted from all obligations to the bankruptcy creditors except dividends under the bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims." Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010), the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010). In this context, the term "Immunity" means

Therefore, inasmuch as a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted from immunity would lose the ability to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Therefore, barring special circumstances, the instant lawsuit does not have a benefit in the protection of rights.

As to this, the plaintiff, at the time of application for bankruptcy and immunity, shall be the creditor.