1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

1. On January 31, 2018, the Defendant prepared a cash custody certificate with the purport that the Plaintiff would repay KRW 9.53 million of the Plaintiff’s virtual currency investment amount to the Plaintiff until June 30, 2016. Of them, the Defendant merely repaid KRW 1 million and did not repay the remainder of KRW 8.533 million. As such, the Defendant filed a claim against the Defendant for the payment of KRW 8.53 million and delay damages.

2. Whether the lawsuit of this case is lawful

A. 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 whole liability to the bankruptcy creditors except for the distribution 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 exempt a debtor from liability becomes final and conclusive, a claim that has been exempted from liability would lose the capacity to file a lawsuit (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). (b)

According to the purport of Eul evidence Nos. 4 and the whole purport of oral argument, the defendant is recognized to have been granted immunity from the Cheongju District Court 2019No. 269 on December 26, 2019 and the above decision became final and conclusive around that time.

The Plaintiff’s claim for the return of investment funds against the Defendant constitutes a bankruptcy claim, which is a property claim arising from the cause that occurred before the Defendant was declared bankrupt, and thus, the Defendant was exempted from the liability for the above investment funds

Therefore, the lawsuit of this case was unlawful because there was no benefit in the protection of rights due to the confirmation of the above exemption decision against the defendant.

3. The instant lawsuit shall be dismissed.

The judgment of the first instance court is revoked since its conclusion differs, and the lawsuit of this case is dismissed, and it is so decided as per Disposition by applying Article 99 of the Civil Procedure Act to the burden of litigation costs.