A. On November 27, 2012, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2012Gadan256449 (hereinafter “instant judgment”). On October 12, 201, the said court rendered a judgment that the Plaintiff shall pay to the Defendant KRW 21,122,804 and KRW 20,755,00 among them, 15% per annum from October 12, 201 to November 13, 2012, and 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”). The instant judgment was rendered after serving the Plaintiff a complaint against the Plaintiff, notice of the date of pleading and notice of the date of pronouncement by public notice, and the service of the original copy of the judgment was also carried out by public notice. The instant judgment became final and conclusive on December 14, 2012.

B. The grounds for the instant judgment were that the Plaintiff (a trade name is the nominal owner of authorization and permission) entered into a guarantee insurance contract with the Defendant with the Gyeonggi-do Governor to secure the guarantee of the payment of business bonds in the event that the Plaintiff (a trade name is the nominal owner of authorization and permission) obtained permission for the international marriage brokerage business, and the Plaintiff failed to perform his/her obligations (liability for damages arising from the marriage brokerage of D and E) and the Defendant paid the insurance money, and the amount equivalent to the insurance money, etc.

C. On September 26, 2016, the Plaintiff filed an application for bankruptcy and discharge (hereinafter “application for bankruptcy and discharge”) with the District Court Nos. 2014, 3957, 2014, and 3952, and the decision to grant immunity (hereinafter “instant decision to grant immunity”) became final and conclusive on October 11, 2016. The list of creditors of the bankruptcy and discharge case (hereinafter “list of creditors of this case”) did not include the Defendant’s claim based on the instant decision.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The Defendant’s claim based on the instant judgment is the Plaintiff.