1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On February 27, 2002, the Defendant guaranteed the Plaintiff’s debt of KRW 10 million with respect to the lease deposit loans against the Plaintiff Company B.

On February 25, 2004, the defendant paid KRW 8,952,481, which was based on the above guarantee agreement to B, and on August 22, 2005, the defendant filed a lawsuit against the plaintiff (this court 2005Gada36477) claiming the payment of the above indemnity with the court on August 22, 2005, and was sentenced to a favorable judgment on December 7, 2005, and the above judgment became final and conclusive on December 23, 2005.

B. The Plaintiff did not enter the Defendant’s claim for reimbursement in the list of creditors, while making bankruptcy and application for immunity in this Court (this Court Order 2008Haak358, 2008, 3363).

On December 12, 2008, the Plaintiff was declared bankrupt by this court and was granted immunity on July 28, 2009, and the decision to grant immunity became final and conclusive on August 12, 2009.

C. Meanwhile, on November 3, 2015, the Defendant is against the Plaintiff.

In order to extend the prescription period of the claim for reimbursement stated in the claim, this court filed an application for payment order (this court 2015 tea 27503) with this court, and the plaintiff was served with the payment order and raised an objection.

In the litigation proceedings (this Court Decision 2015 Ghana491521), the defendant was sentenced to a favorable judgment on March 16, 2016, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1 through 6 (including branch numbers), the purport of the whole pleadings

2. Notwithstanding the confirmation of grant of immunity to a debtor in bankruptcy prior to the merits, where a claim is disputed as to which claim constitutes a non-exempt claim, the debtor may, by filing a lawsuit seeking confirmation of discharge, remove the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who holds the executive title of the exempted obligation, the debtor files a lawsuit of demurrer against the claim and seeks the exclusion of the executory power of the discharge.