1. The Defendant’s KRW 213,50,000 and the Plaintiff’s annual rate of KRW 6% from May 5, 2018 to June 7, 2018.

1. Facts of recognition;

A. The Plaintiff operated C Co., Ltd. operating a medical device manufacturing and selling business, and sold medical devices, etc. to the Defendant operating a medical device agency.

B. On February 4, 2008, the Plaintiff received a repayment plan (hereinafter “instant repayment plan”) from the Defendant to the effect that the Defendant would equally repay the unpaid amount of KRW 350 million from January 2, 2009 to KRW 2.5 million each month (hereinafter “instant repayment plan”).

C. In accordance with the above repayment plan, the Defendant repaid the Plaintiff totaling KRW 31 million from May 22, 2009 to October 20, 2010, and did not pay the remainder to the present day.

On March 20, 2014, the Defendant filed a bankruptcy and an application for immunity with the Seoul Central District Court 2014Hadan2888 (2014do2888) on March 20, 2014, but did not state the Plaintiff’s claim on the price of the goods in the list of creditors.

After the above court declared the defendant bankrupt on August 21, 2014, on March 25, 2016, the court discontinued the bankruptcy and decided to grant immunity, and the above decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, facts with merit in this court, the purport of the whole pleadings

2. Judgment on the lawfulness of the lawsuit

A. As to the instant lawsuit seeking the payment of the unpaid amount pursuant to the instant repayment plan, the Defendant asserted that the said claim constitutes a bankruptcy claim arising from the cause that occurred prior to the declaration of bankruptcy, and thus, it cannot be claimed against the Defendant as a result of exemption from immunity.

As to this, the plaintiff asserts that the above claim is not included in the list of creditors because the defendant did not enter the above claim in bad faith in the list of creditors, according to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that a debtor who has been exempted from liability is in bankruptcy proceedings.