2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On October 7, 2003, the above court rendered a ruling that "the defendant and non-shot Construction Co., Ltd., and C shall jointly and severally pay to the plaintiff 14,192,300 won with 5% per annum from September 2, 2003 to October 7, 2003, and 20% per annum from the next day to the day of full payment" (hereinafter "previous ruling"). Although the plaintiff appealed as Seoul Central District Court Decision 2003Na55782, Nov. 12, 2004 as to the previous ruling, the previous ruling was dismissed at the above court's appeal by the plaintiff.

B. Meanwhile, after the previous judgment became final and conclusive, the Defendant filed an application for adjudication of bankruptcy and exemption under the Seoul Central District Court Decision 2013Hadan5763 and 2013Ma5763 and filed an application for exemption from immunity on March 21, 2014, and the above exemption from immunity becomes final and conclusive on September 23, 2014. The creditor list includes the Plaintiff’s claim based on the previous judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act regarding the legality of the lawsuit of this case, an obligor who has been exempted is exempted from all obligations to a bankruptcy creditor except dividends under the bankruptcy procedure. Thus, a claim on property arising from a cause before the bankruptcy is declared against a debtor, namely, a bankruptcy claim becomes final and conclusive, in principle, and thus becomes void the ability to file a lawsuit and its executory power that has ordinary claims due to the extinction of its responsibility. As seen earlier, the decision of immunity against the defendant becomes final and conclusive after the previous judgment becomes final and conclusive, and the list of creditors included the plaintiff's previous claim based on the previous judgment.