1. The plaintiff's claim is dismissed.

2. With respect to cases of application for suspension of compulsory execution by this Court 2014Kag149, October 2014

Basic Facts

A. The Plaintiff’s wife B entered into an exchange loan agreement with EL cards Co., Ltd., and the Plaintiff jointly and severally guaranteed the obligation under the above agreement with EL cards Co., Ltd.

(hereinafter “instant guaranteed liability”). After that, the El Card Co., Ltd. was merged with the Defendant.

B. On July 6, 2007, the Plaintiff filed an application for bankruptcy and exemption with the Daejeon District Court for the adjudication of bankruptcy on April 18, 2008 and the decision of discontinuation of bankruptcy (2007Hadan5741) was rendered on July 17, 2008 (hereinafter “instant decision of immunity”). The said decision of exemption became final and conclusive August 2, 2008.

However, in the above bankruptcy and exemption case, the Plaintiff did not enter the guaranteed obligation in the list of creditors.

C. On May 27, 2011, the Defendant filed a lawsuit against the Plaintiff to seek the payment of the instant guaranteed liability ( Daejeon District Court 201Gau4121), and the said lawsuit was concluded on July 19, 201 by means of service by public notice to the Plaintiff, and the pleadings were concluded on July 19, 2011. On July 19, 2011, the court rendered a judgment ordering “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 29.9% per annum from January 14, 2011 to the date of full payment, with the amount of KRW 52,682,256 and KRW 14,651,760 per annum from the date of full payment.”

(hereinafter “instant final judgment”) d.

On April 21, 2014, the Plaintiff filed a lawsuit against the Defendant seeking confirmation that the instant guaranteed obligation was exempted ( Daejeon District Court 2014Da16552). However, the court rendered a judgment dismissing the instant lawsuit on August 20, 2014 on the ground that the confirmation judgment, which exempted the instant guaranteed obligation, does not exclude the executory power of the final and conclusive judgment. The said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 1, 2, Gap evidence 5, Gap evidence 8 and 9 evidence 1 to 3, Eul evidence 2, and plaintiff's assertion as to the purport of whole oral argument

A. The plaintiff.