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

2. Defendant A shall pay to the Plaintiff KRW 46,341,00 and its amount on February 14, 2003.

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the accident caused by Defendant B’s death while driving a car operated by Defendant B on January 8, 2003 by Defendant A, the Plaintiff sought against the Defendant B an amount of indemnity equivalent to the insurance money paid to his bereaved family members on February 13, 2003, as an insurance company entrusted with the business of guaranteeing motor vehicle accident compensation by the Government, since the said car is not covered by liability insurance, the Plaintiff’s claim against the Defendant B is an insurance company entrusted with the business of guaranteeing motor vehicle accident compensation by the Government.

On this issue, Defendant B asserts that he is not liable to pay the amount of indemnity because he is declared bankrupt and is exempted from immunity.

According to the purport of the evidence Nos. 1 and 2 and the whole arguments, it is acknowledged that Defendant B was declared bankrupt on February 15, 2007 by the Changwon District Court 2006Hadan2913, and the above decision of immunity became final and conclusive on September 14, 2007 by being granted a decision of immunity by the court 2006Ma2980, August 30, 2007. The lawsuit against Defendant B seeking the repayment of the Plaintiff’s claim for reimbursement amount arising before the above declaration of bankruptcy is seeking the performance of the obligation exempted from the above decision of immunity, and it is unlawful as there is no benefit of protection of rights.

3. If so, the plaintiff's lawsuit against the defendant B is dismissed, and the plaintiff's claim against the defendant A is justified.