1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. Defendant B shall pay 50,000,000 won to the Plaintiff.

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the attached Form;

(b) Applicable statutes: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the legitimacy of the part of the claim against Defendant C among the instant lawsuit

A. The gist of the Plaintiff’s assertion is that the Plaintiff lent KRW 30,000,000 to Defendant B on March 2, 2014, and KRW 20,000,000 on February 25, 2015, and Defendant C guaranteed each of the above loans owed to Defendant B (hereinafter “instant guarantee”). As such, Defendant C is obligated to pay the Plaintiff the said KRW 50,000,000 and damages for delay.

B. Of this part of the lawsuit, Defendant C’s defense to the effect that the liability of the instant guaranteed obligation was discharged upon the bankruptcy and exemption decision.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be entitled to any property claim arising before the declaration of bankruptcy and any bankruptcy claim shall be deemed a bankruptcy claim,” and Article 566 of the same Act provides that “The debtor so exempted shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of his/her obligations, except dividends pursuant to the bankruptcy procedures: Provided, That the following claims shall not be exempt from any liability:

Here, exemption refers to the existence of the obligation itself, but it means that the performance of the obligation cannot be enforced against the bankrupt debtor. Thus, when a decision on exemption against the bankrupt debtor becomes final and conclusive, the right to file a lawsuit with respect to the exempted claim would be lost (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). In full view of the overall purport of the pleadings in the evidence Nos. 1, 2, and 3, the Defendant C filed a report on the obligation of this case in Suwon District Court 2018Hadan3284, and 2018Da3284, Apr. 26, 2019 and the exemption decision was rendered on June 24, 2019, respectively.