1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The plaintiff is a person who is engaged in a friendship or business, and the defendant is a person who leased a part of a friendship or facility from the plaintiff to engage in a letter-post business.

B. Around January 2007, the Defendant paid KRW 110 million to the Plaintiff the lease deposit of KRW 110 million, and began to engage in credit business. However, the Defendant was also suspended from business upon the Plaintiff’s discontinuance of business, and recovered KRW 10 million out of the lease deposit.

(hereinafter referred to as “instant claim”) the remaining lease deposit claim; (c)

1) On September 10, 2009, the Defendant filed a lawsuit against the Plaintiff to pay KRW 100 million for the lease deposit. On November 20, 2009, the court accepted the Defendant’s claim in full, and the judgment became final and conclusive around that time (Seoul Central District Court 2009Da340733). (2) The Defendant filed a claim to extend the extinctive prescription period of the claim based on the above judgment with Seoul Central District Court 2018Da30052 (Seoul Central District Court 2009Da34052), and the above court rendered the judgment that accepted the Defendant’s claim on September 13, 2018, which became final and conclusive around that time

(hereinafter “instant judgment”) D.

On March 8, 2013, the Plaintiff filed an application for bankruptcy and exemption from liability with the Incheon District Court Decision 2013Hadan1363, 2013Ma1360 (hereinafter referred to as “instant bankruptcy and exemption from liability”), and on August 27, 2013, the Plaintiff received a decision to abolish the instant bankruptcy and a decision to grant immunity from the said court, and the said decision to grant immunity became final and conclusive on September 24, 2013.

E. The Plaintiff did not state the Defendant as the obligee in the list of creditors presented to the court in the bankruptcy and immunity of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Judgment ex officio as to the legitimacy of the lawsuit

A. The debtor is in the legal status or right by filing a lawsuit seeking confirmation of exemption where a claim is disputed as to what claim despite the confirmation of immunity against the debtor in bankruptcy of relevant legal principles.