1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 23, 1998, the Defendant, while driving a DNA wheeled Vehicle in the state of non-insurance, caused a traffic accident which causes the death of the said victim due to shock of the two-wheeled vehicle driven by the victim E at night at the near the Daegu tin-distance Vene.

B. The Plaintiff is an insurance company designated by the Minister of Construction and Transportation as a truster for a motor vehicle damage guarantee business pursuant to the Guarantee of Automobile Accident Compensation Act, and the said victim’s bereaved family was paid KRW 60,000,000 to September 22, 1998.

C. With respect to the insurance money paid by the Plaintiff, the Daegu District Court applied for the payment order to the Defendant, who is the driver of the vehicle involved in the accident, for the payment order. From September 23, 1998 to the service date of the original copy of the payment order, the payment order was issued on June 24, 2009 to the Defendant, 60,000,000 won, and the payment order was issued on September 23, 1998 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of complete payment. This payment order became final and conclusive on June 24, 2009 because the Defendant did not raise any objection.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleading

2. The allegations and judgment of the parties

A. As the ten-year extinctive prescription period for the claim based on the payment order that became final and conclusive by the Plaintiff’s assertion has expired, a new performance judgment is sought to interrupt the extinctive prescription.

B. The defendant was declared bankrupt and released from immunity after the payment order against the defendant's assertion became final and conclusive, and the plaintiff's claim constitutes a bankruptcy claim exempted from immunity. Thus, the plaintiff's claim cannot be complied with.

C. Comprehensively taking account of the respective descriptions in subparagraphs 1-1 and 2-2 and the purport of the entire pleadings, the Defendant was declared bankrupt by the Daegu District Court 2010Hadan2801 after the above payment order became final and conclusive, and the Defendant was granted immunity by 2010Ha2801 on January 11, 201, and this immunity became final and conclusive on January 26, 2011, and the Plaintiff’s claim based on the above payment order by the Plaintiff.