1. The plaintiff's claim is dismissed.

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

1. The facts on the premise of the dispute are as follows. The defendant filed a lawsuit against the plaintiff on June 12, 1998 against the plaintiff on June 12, 1998 (Korean Government District Court 98DaDa26071). On November 4, 1998, the defendant's claim (43 million won and the amount calculated by the rate of 25% per annum from September 2, 1998 to May 31, 2003, and 20% per annum from the next day to the date of full payment). The judgment was finalized on November 22, 1998.

In order to interrupt the extinctive prescription of the above judgment claim (hereinafter “instant claim”), the Defendant filed a lawsuit against the Plaintiff seeking payment of the same amount again with the District Court 2007Kadan58100, which was decided on May 21, 2008, and the above judgment (hereinafter “instant judgment”) became final and conclusive on June 10, 2008.

The Plaintiff filed a petition for bankruptcy and immunity with Seoul Central District Court No. 2006Da37352 and 2006Hadan35841, and on April 27, 2007, the above court rendered a decision to grant immunity to the Plaintiff (hereinafter “instant decision to grant immunity”) and the above decision became final and conclusive on May 15, 2007.

The list of creditors submitted by the Plaintiff to the above court while applying for bankruptcy and immunity is not indicated in the list of creditors.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A 1-12, 3, and 4-2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff received the decision of immunity of this case as above, and although the claim of this case is not indicated in the list of creditors, the Plaintiff did not enter it in the list of creditors in bad faith, and thus, the Plaintiff’s obligation is exempted and compulsory execution based on the judgment of this case by the Defendant should be rejected.

3. The obligor, as referred to in Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), has not been entered in the list of creditors in bad faith.