Litigation costs shall be borne by the plaintiff.

A. On October 21, 2005, the Plaintiff’s birth C and the Defendant’s Defendant’s punishment D are friendly, and the Defendant lent KRW 21,00,000 to C with D’s introduction on October 21, 2005, and the Plaintiff prepared and issued a written statement to the Defendant as a guarantee for the above loan.

B. The Defendant received the instant payment order on March 21, 2013. The instant payment order was served on the Plaintiff on June 13, 2013, and was finalized on June 28, 2013.

C. On October 15, 2013, the Plaintiff filed an application for immunity with the Seoul Rehabilitation Court No. 2013:1026, Oct. 15, 2013; the said court rendered a decision to exempt the Plaintiff (hereinafter “instant decision to grant immunity”); on March 26, 2014, the said decision to grant immunity became final and conclusive; and the list of creditors did not include the Defendant in the list.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim, etc.

A. According to the above facts of recognition, barring any special circumstance, the Plaintiff’s guarantee obligation against the Defendant was exempted from the immunity decision of this case.

Accordingly, the defendant asserted that the plaintiff's claim against the plaintiff was not exempted from liability because it was not recorded in the list of creditors in bad faith.

B. Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides, “The obligor who has been exempted shall be exempted from all obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure: Provided, That this shall not apply to the following claims, but shall not be exempted from any liability for the non-exempt claims that are not exempted from any liability under the following subparagraphs.” From among them, subparagraph 7 provides, “The obligor shall not be obliged to exercise any obligation in bad faith entered in the list of creditors: Provided, That this shall not apply where the obligee has knowledge that he/she has been declared bankrupt:

The obligor referred to in subparagraph 7 above shall not be recorded in the list of creditors in bad faith.