1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as a company running guarantee insurance business, concluded a guarantee insurance agreement with B (hereinafter “B”) as a policyholder or a joint guarantor as shown in the attached list, respectively.

B. (hereinafter collectively referred to as the “instant surety insurance agreement”).

Upon occurrence of an insured incident stipulated in the instant guarantee insurance agreement, the Defendant filed a claim for indemnity with B after paying the insured total of KRW 505,987,343 in accordance with the instant guarantee insurance agreement between June 19, 2012 and August 17, 2012, but B did not comply with such claim.

C. Upon the Plaintiff’s merger on September 17, 2012, the Defendant filed a lawsuit seeking the payment of indemnity against the Plaintiff et al. on November 2, 2012, and the judgment in favor of the pleadings was rendered on January 25, 2013.

(Resan District Court 2012Kadan91589). The above judgment became final and conclusive on February 20, 2013.

On March 12, 2013, C, the Plaintiff’s shareholder, filed a lawsuit for invalidation of merger against the Plaintiff, and the judgment was rendered on July 24, 2013 to the effect that “A merger between the Plaintiff and B ought to be invalidated as of September 17, 2012,” with the Plaintiff’s failure to submit a written response.

(C) On August 13, 2013, the above judgment was finalized on August 13, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 (including each number), the whole purport of pleading

2. The plaintiff's assertion and its judgment on the plaintiff's claim for reimbursement against the plaintiff who merged B with the defendant, which was judged in favor of the defendant, but since the judgment invalidating merger became final and conclusive thereafter, the plaintiff's claim for reimbursement against the defendant should be returned to B just before the merger, and eventually, the defendant's compulsory execution based on the above winning judgment against the plaintiff should be rejected.

The Supreme Court Decision 201Da11488 delivered on May 2, 201, which held that a lawsuit for nullification of a merger has a heavy effect.