A. On May 26, 2006, the Plaintiff jointly and severally guaranteed the obligation to lend to a Vietnam Mutual Savings Bank Co., Ltd., Ltd., and the Financial Supervisory Commission made a decision to transfer the assets and liabilities of a corporate Berne Mutual Savings Bank, Inc. (a corporate Pacific Mutual Savings Bank, which was declared bankrupt on October 30, 2012, was appointed as a bankruptcy trustee by Busan District Court No. 2012Hahap7, and the Defendant was appointed as a bankruptcy trustee; hereinafter “Defendant”).

B. On May 9, 2008, the Pakistan New Mutual Savings Bank filed a lawsuit against the plaintiff et al. against the plaintiff et al., Busan District Court 2008Gahap1865, and the above court proceeded by public notice against the plaintiff, and on April 3, 2009, rendered a judgment to the plaintiff et al. that the plaintiff et al. jointly and severally paid 540,572,669 won and delay damages for 49,346,064 won (hereinafter "the judgment of this case") to the defendant, and the judgment became final and conclusive at that time.

(C) The Plaintiff’s obligation to the Defendant based on the instant judgment (hereinafter “instant obligation”).

On the other hand, on June 14, 2010, the Plaintiff filed bankruptcy and application for immunity (Seoul Central District Court 2010Da10338, 2010Hadan10338), was declared bankrupt on June 29, 2011 (which became final and conclusive on July 19, 2011), and the decision (hereinafter “instant decision to grant immunity”) became final and conclusive on August 19, 201, and the obligation of this case against the Defendant was not written in the list of creditors submitted by the Plaintiff at the time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 14 through 17, the purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “The debtor shall be entitled to any property claim arising before the declaration of bankruptcy against the debtor.”