1. The original copy of the payment order for the purchase price case against the defendant in Suwon District Court 2009Da594 decided against the plaintiff.

1. Facts of recognition;

A. On May 30, 1994, the Defendant concluded a sales contract between Gangseo-gu Seoul Metropolitan Government D, 302 to sell Nos. 302.

B. C did not pay the balance of KRW 10,000,000 until June 29, 1994, which is the date of the payment of the remainder under the above sales contract, and the Plaintiff jointly and severally guaranteed the remainder payment obligations of the C.

C. On September 18, 2008, the Plaintiff filed for bankruptcy and exemption with the Seoul Central District Court and was declared bankrupt by 2008Hadan23516, Nov. 25, 2008, and the decision of immunity became final and conclusive around that time after receiving the decision of immunity (hereinafter “the decision of immunity of this case”). The Plaintiff omitted the Plaintiff’s joint and several surety obligation against the Defendant in the list of creditors of this case.

On the other hand, on February 11, 2009, the Defendant applied for a payment order against C and the Plaintiff seeking the payment of the remainder, and received a payment order with the purport that “C and the Plaintiff jointly and severally pay 10,000,000 won to the Defendant and the amount calculated at the rate of 20% per annum from June 30, 1994 to February 20, 2009” (hereinafter “instant payment order”) from the next day to the date of full payment, and became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. First, as to whether the Plaintiff did not enter the joint and several debt of this case in the creditor list in bad faith, each entry in the evidence Nos. 1 and 2 is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Thus, it is reasonable to view that the Plaintiff’s joint and several debt of this case against the Defendant has the effect of the immunity decision of this case.

B. Furthermore, in light of the above facts, the instant payment order was filed on February 11, 2009, when it was obvious that ten years have elapsed since the payment date of the remainder.