1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant entered into an agreement with B on December 2003 on the business partnership with B, and paid the plaintiff KRW 10 million to the plaintiff at the plaintiff's request, who is the representative director of B, and the above amount was returned at the time of termination of the above agreement.

B. A business partnership agreement was terminated because B did not have been two months after the above agreement, and the above business partnership agreement was abandoned, and the Plaintiff also prepared to the Defendant to return the above KRW 10 million to the Defendant.

C. On October 6, 2004, the Defendant filed a lawsuit against the Plaintiff on the Daejeon District Court case No. 2004Gapo234737, and received a decision of performance recommendation from the above court on October 6, 2004 that “10 million won and its delay damages shall be paid.” The above decision became final and conclusive on October 27, 2004.

(A) On October 28, 2014, the Defendant received a decision of performance recommendation from the Daejeon District Court to extend the statute of limitations on the above judgment against the Plaintiff (2014 Ghana91861).

On February 27, 2007, the Plaintiff filed an application for bankruptcy immunity with the Daejeon District Court. From the above court on December 27, 2007, the Plaintiff was declared bankrupt by the said court around 2007Hadan1797, and the exemption from immunity was granted on December 27, 2007 by 1796. The above exemption from immunity became final and conclusive on January 15, 2008. The list of creditors submitted by the Plaintiff while applying for the above exemption from immunity is not written by the Defendant as a creditor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant's claim at the time when the plaintiff applied for bankruptcy immunity and did not enter the defendant's claim in the list of creditors is due to the number of persons who did not memory the above guaranteed debt (the date for the first pleading, stating that the plaintiff was aware that it was resolved at the date for the first pleading) and thus, the defendant's claim that the defendant's obligation against the defendant was also exempted.