1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion lent KRW 60,000,000 to the defendant on May 18, 2009, and was not paid KRW 40,000 among them.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 40,000,000 and damages for delay.

(B) The Plaintiff’s loan alleged by the Plaintiff (hereinafter “instant loan”).

On September 5, 2018, the defendant filed for bankruptcy and immunity with the Seoul Rehabilitation Court and was granted immunity on September 10, 2019.

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor shall be a bankruptcy claim against a property claim arising before the bankruptcy is declared,” and the main text of Article 566 of the same Act provides, “The exempted debtor shall be exempted from all obligations to the bankruptcy creditor except for dividends arising from the bankruptcy proceedings.”

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 that has been granted immunity shall lose the ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In light of the foregoing legal doctrine, comprehensively taking into account the following: (a) health class; and (b) evidence evidence Nos. 1 through 3 with respect to the instant case, the Defendant filed an application for bankruptcy and immunity under the Seoul Rehabilitation Court Decision 2018Hahdan102649, Sept. 5, 2018, 202; (c) the facts that the instant loan was entered in the creditor list; (d) the Defendant was declared bankrupt on Mar. 18, 2019; and (d) the Defendant was declared bankrupt on Sept. 10, 2019; and (e) the fact that the said decision to grant immunity became final and conclusive on September 25, 2019.

Thus, the lawsuit of this case seeking the payment of the loan of this case is subject to the above immunity decision.