1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 111,711,790 and this shall apply.

1. Basic facts

A. On March 25, 2008, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a view to guaranteeing the performance of the obligation to repay loans to South Korea Exchange Bank (hereinafter “instant credit guarantee agreement”) by setting the credit guarantee limit of KRW 120 million and the guarantee period from March 25, 2008 to March 24, 2009 (hereinafter “Defendant Co., Ltd.”). The Defendant Co., Ltd, the representative director C and C of Defendant Co., Ltd, jointly and severally guaranteed the Defendant Co., Ltd.’s obligation to the Plaintiff.

(B) The guarantee period of the instant credit guarantee contract was extended on March 24, 2010.

On March 16, 2009, the Defendant Company borrowed KRW 150,000,000 from South Korea Exchange Bank's South Korea Branch, but did not pay interest on the agreed date. On August 20, 2009, the South Korea Exchange Bank's South Korea Branch notified the Plaintiff that the credit guarantee accident occurred.

C. On November 11, 2009, the Plaintiff subrogated the principal amount of KRW 111,711,790 (i.e., the principal amount of KRW 108,00,000,000) to the South capital branch of the Korea Exchange Bank.

The rate of damages for delay determined by the plaintiff with respect to the amount of indemnity subrogated is 11% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. As to whether the plaintiff's action against the defendant B is legitimate or not, the plaintiff sought payment of the above subrogated amount of KRW 111,711,790 and damages for delay thereof against the defendant who is a joint and several surety, the defendant Eul asserts that the defendant Eul was exempted from the obligation to pay the plaintiff since he was granted immunity from the court.

Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1 and No. 2 of the evidence No. 1-2, Defendant B filed an application for bankruptcy and exemption with the Seoul Central District Court No. 2012Hadan6864, 2012, 6864, and 2012, Defendant B filed an application for bankruptcy and exemption from liability from the above court, and filed a declaration of bankruptcy on Oct. 17, 2012, and December 1, 20