1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed an application against the Plaintiff for a payment order claiming the Plaintiff for the payment of the total amount of loans and interest 312,230,136 won and damages for delay, which was issued on October 26, 2004, and the payment order was finalized on November 14, 2004.

(hereinafter referred to as “instant payment order,” and the Plaintiff’s debt to the Defendant on the instant payment order (hereinafter referred to as “instant debt”). B.

On February 16, 2005, the Defendant received a collection order for the Plaintiff’s claims against D Co., Ltd. (U.S. District Court 2005TTTT No. 64, hereinafter “instant claims seizure and collection order”), with the title of execution of the instant payment order as the title of execution (hereinafter “instant payment order”), and the said order was served on the garnishee on February 21, 2005, respectively, and was served on March 31, 2005 by means of service by public notice to the Plaintiff.

C. On November 11, 2008, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Rehabilitation Court Decision 2008Hadan35294, 2008Ma35294, and the said immunity became final and conclusive on December 30, 2009 (hereinafter “instant immunity”) upon the declaration of bankruptcy on July 8, 2009 and the decision of immunity on December 15, 2009 (hereinafter “instant immunity”), and the list of creditors at the time did not include the instant obligation.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

2. Determination as to the plaintiff's assertion and the legitimacy of the lawsuit

A. The Plaintiff asserted that the Plaintiff did not know the existence of the instant debt due to the circumstances such as being served with the instant claim attachment and collection order by service by public notice, and did not enter the instant debt in the list of creditors in bad faith in the process of obtaining the decision on immunity of the instant case.

Therefore, according to the decision to grant immunity of this case, the Plaintiff’s confirmation on the exemption of this case’s obligation against the Defendant is sought.

B. As to the legitimacy of the instant lawsuit, ex officio determination on the lawfulness of the instant lawsuit is made.