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. Determination on the legitimacy of the instant lawsuit

A. On April 6, 2008, the plaintiff asserts that he lent KRW 3 million to the defendant on the other hand, while the defendant is arguing that there is no same fact.

B. However, comprehensively taking account of the overall purport of the pleadings in the statement No. 2, the Defendant, upon filing an application for bankruptcy and exemption with the Seoul Central District Court Decision 201Hadan5353 on May 16, 2011, declared bankrupt and was granted immunity as Seoul Central District Court Decision 201Da5353 on May 2, 2012, and the said exemption exemption became final and conclusive on May 18, 2012.

C. Once a decision to grant immunity to the bankrupt becomes final and conclusive, a claim on the property arising from the cause before the debtor is declared bankrupt, namely, a bankruptcy claim, in principle, becomes extinct and is naturally liable and lose the ability and executory power of filing a lawsuit which has ordinary claims by becoming natural obligations.

In this case, even if the claims against the Defendant asserted by the Plaintiff are recognized, the claims are apparent to have arisen due to the cause before the declaration of bankruptcy, and thus the immunity decision against the Defendant became final and conclusive, thereby losing the ability to bring an action and executing power.

Therefore, the instant lawsuit has no interest in protecting the rights.

Accordingly, the plaintiff asserts that the decision of immunity does not extend to the plaintiff's claim because the defendant had maliciously omitted the plaintiff's claim in the creditor list.

The fact that the defendant did not enter the plaintiff in the list of creditors while making bankruptcy and application for immunity does not conflict between the parties.

However, the time when the plaintiff asserts that he lent KRW 3 million to the defendant around April 2008, that the defendant applied for bankruptcy and exemption from liability around May 201, when more than three years have passed since that date. However, even if the debts owed to the plaintiff exist, the defendant applied for bankruptcy and exemption from liability at the time of bankruptcy and exemption.