1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. On February 22, 2008, the Defendant drafted a written confirmation that “The amount of KRW 4.5 million will be paid by September 30, 2008” to the Plaintiff (hereinafter “instant written confirmation”).

B. On September 27, 2011, the Defendant received a decision to grant immunity on August 20, 2012 (hereinafter “instant decision to grant immunity”) by filing bankruptcy and application for immunity with the Daegu District Court Decision 201Hadan5411, 201 and 5411, and the said decision to grant immunity became final and conclusive on September 4, 2012.

The defendant did not enter obligations under the plaintiff and the written confirmation in the list of creditors at the time the above decision to grant immunity was made.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Relevant legal principles 1) Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(1) Article 423 of the Debtor Rehabilitation Act provides that “A debtor shall be entitled to a bankruptcy claim.” Article 566 of the same Act provides that “A debtor who has been exempted shall be exempt from all obligations to the bankruptcy creditor except dividends under the bankruptcy procedure: Provided, That a bankruptcy claim shall not be exempt from any liability for all obligations to the bankruptcy creditor.” Thus, even if it is not entered in the list of creditors in the application for immunity, the effect of immunity shall be exempted (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any of the subparagraphs of Article 566 of the same Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).”