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

A. On November 4, 2008, the Defendant filed a lawsuit against the Plaintiff and C on the claim for the return of the amount of death penalty (this Court Decision 2008Da191668). On November 4, 2008, the above court rendered a judgment with no statement that “The Plaintiff and C jointly pay the Defendant KRW 40 million and the damages for delay thereof,” and the judgment of this case became final and conclusive around that time.

B. On the other hand, on April 2, 2010, the Plaintiff filed an application for bankruptcy and exemption with the District Court Nos. 2010Hadan1819, 2010, and 1818, and was declared bankrupt on October 19, 2010 by the said court, and was granted immunity on December 15, 2010 (hereinafter “instant immunity”).

After December 30, 2010, the decision to grant immunity became final and conclusive, and the list of creditors attached to the above decision to grant immunity does not indicate the defendant's claim against the plaintiff which became final and conclusive by the judgment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Determination as to the cause of action

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “A debtor shall be entitled to any property claim arising from a cause arising prior to the declaration of bankruptcy as a bankruptcy claim.” Article 566 of the Debtor Rehabilitation Act provides that “A debtor granted immunity shall be exempted from all of his/her obligations to any bankruptcy creditor except for dividends arising from the bankruptcy procedures: Provided, That any of the following claims shall not be exempted from liability.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of Article 566 of the Debtor Rehabilitation Act (see Supreme Court Decision 2010Da3353, May 13, 2010), the defendant’s claim against the plaintiff shall be exempted from the effect of immunity (see Supreme Court Decision 2010Da3353, May 13, 2010).