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. Comprehensively taking account of the respective descriptions in the evidence Nos. 1, 2, 3, and 4 as to the cause of the claim and the purport of the entire pleadings, Hyundai Swiss Savings Bank (hereinafter referred to as “Nonindicted Bank”) established a loan to the Defendant on August 26, 2005, but transferred the principal and interest of the loan to the Plaintiff on December 21, 201 and sent a notice of transfer to the Defendant on August 2012, 201, and sent the notice of transfer to the Defendant on December 31, 2015. On December 31, 2015, the fact that the principal of the loan was 4,514,307 won, and damages for delay that had already been incurred were 9,878,8777 and, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a total of KRW 14,393,184 won (4,514,307 won,9,878 won) and damages for delay to the principal, 4,307 won.

2. On the determination of the Defendant’s assertion, the Defendant asserts that the Plaintiff’s claim against the Defendant was exempted.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that an obligor who has been exempted from liability is exempted from all liability for all obligations to a bankruptcy creditor except for a distribution under the bankruptcy procedure. Here, the exemption means that an obligor cannot compel the bankruptcy debtor to perform his/her obligations even though he/she still exists.

Therefore, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim becomes final and conclusive when immunity on the debtor becomes final and conclusive, and the right and executory power of filing a lawsuit against the defendant of a non-party bank, which has ordinary claims, shall be extinguished in principle and become natural obligations (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). With respect to the instant case, the health care unit; the defendant, when he goes bankrupt and 2006, when he is 206, from the Seoul Rehabilitation Court’s 2006Ha-27, from the Seoul Rehabilitation Court’s 2006Ha-Ba27, from the 24627 Discharge case, was declared bankrupt on Oct. 30, 206; the immunity decision becomes final and conclusive on Dec. 20, 206; and the claim against the defendant of the non-party bank, which the plaintiff sought payment to the defendant, was caused before the bankruptcy declaration,