1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Plaintiff lent the Defendant KRW 50,000,000 on May 30, 2005 to the Defendant at the maturity of May 30, 2007 and at the rate of 2% per month. On April 27, 2007, KRW 15,000,000 on the due date of repayment of 12 months after the due date of repayment and thereafter lent the Defendant at the rate of 1.5% per month.

(hereinafter referred to as the “instant claim”). B. The Plaintiff’s claim arising therefrom (hereinafter referred to as “instant claim”).

On May 9, 2007, the Defendant transferred the ownership of 6367/283 of shares to the Plaintiff among macro-si C on May 9, 2007 as repayment for the instant claim.

(hereinafter “instant accord and satisfaction”)

C. On August 6, 2010, the Defendant filed an application for bankruptcy and exemption with the Daegu District Court 2010Da5453 and 2010Hadan5453 (hereinafter “instant decision of exemption”) and was granted decision of immunity on November 22, 2011 (hereinafter “decision of exemption”). The said decision became final and conclusive on December 8, 201.

On the other hand, the list of creditors prepared and submitted by the defendant while making bankruptcy and application for immunity was not stated in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, Eul evidence 3-1 to 3, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Defendant asserts to the effect that the instant lawsuit is unlawful, inasmuch as the Plaintiff claimed payment of KRW 30,000,000, excluding the amount that the Plaintiff was paid out of the instant claim, not only the instant claim was fully repaid through payment in substitutes but also the exemption decision was rendered.

B. (1) Determination (1) Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The debtor shall be a bankruptcy claim for any property claim arising before the declaration of bankruptcy,” and Article 566 of the same Act provides that “The debtor who has been exempted shall be exempted from all obligations to the bankruptcy creditor except dividends arising from the bankruptcy procedure. However, the debtor shall not be exempted from the liability for any of the following claims.”