A. On January 7, 2005, the Defendant filed a lawsuit against the Plaintiff on the obligation of deposit money (Seoul Northern District Court 2004Gapo268938), and received a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) from the above court that “the Plaintiff shall pay to the Defendant the amount of KRW 16,50,000 and that calculated at the rate of 20% per annum from January 15, 2005 to the date of full payment” (hereinafter “the decision on performance recommendation of this case”). The said decision on performance recommendation was delivered to the Plaintiff on January 14, 2005, and became final and conclusive on January 29, 2005.

B. The Defendant filed a lawsuit against the Plaintiff seeking payment of the aforementioned claim under Seoul Northern District Court Decision 2014Da255603 in order to extend the prescription of the claim based on the instant performance recommendation decision. The service of the duplicate, etc. of the complaint against the Defendant was made by public notice. On August 21, 2014, the said court rendered a judgment in favor of the Plaintiff (hereinafter “instant judgment”) and the said judgment became final and conclusive around that time.

C. The Plaintiff was granted immunity on February 10, 2009 upon filing a bankruptcy and application for immunity with the District Court No. 2008,5723, 2008Hadan5725, and the said immunity became final and conclusive on February 28, 2009.

The list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption from liability did not indicate that the Defendant’s claim against the Plaintiff based on the decision on performance recommendation (hereinafter “instant claim”).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant’s instant claim constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), which is a property claim arising from a cause arising prior to the declaration of bankruptcy, and as a decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act, and the instant claim is exempt.