The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Determination on the lawfulness of the instant lawsuit

A. The Plaintiff asserts that when claiming a loan amounting to KRW 80 million based on the loan certificate dated December 9, 2009, the Defendant received bankruptcy and immunity after preparing the above loan certificate.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be entitled to a bankruptcy claim against a debtor prior to the declaration of bankruptcy, and Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010).” In addition, in this context, the effect of immunity is that a debtor is still bankrupt, but it is not possible to compel the performance of his/her obligations to the debtor:

Therefore, when a decision on immunity against a bankrupt debtor becomes final and conclusive, the claim that has been exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of each of the descriptions and arguments in the documents and evidence Nos. 1 and 2 (including the serial number) of Suwon District Court Decision 2014Ha-Ba2365, Apr. 6, 2015, the Defendant was declared bankrupt on April 6, 2015, and the fact that the claim becomes final and conclusive after being granted immunity by the Suwon District Court 2014Da2365, Sept. 18, 2018.

Therefore, this case’s loan claim against the Defendant alleged by the Plaintiff constitutes a bankruptcy claim because it was caused before the Defendant was declared bankrupt. Accordingly, according to the determination of the above immunity decision, the above claim is lost the ability to file a lawsuit, and there is no benefit to protect the rights of the Defendant.