1. The judgment of the court of first instance is modified as follows.

On June 29, 2010, the Seoul Western District Court against the defendant's plaintiff.

1. According to the purport of the evidence evidence No. 4 and the whole pleadings, the defendant alleged that the plaintiff and the plaintiff's wife acquired transportation charges by deceiving the defendant, and filed a lawsuit against the plaintiff and C to claim compensation for damages (Seoul Western District Court 2009Da38677) on June 29, 2010, "the plaintiff and C jointly and severally agreed to the defendant 38,974,441 won and its amount from November 1, 2008 to September 23, 2009, 5% per annum from September 24, 2009, and 20% per annum from September 24, 2009 to September 23, 2009," which became final and conclusive as is July 29, 2010.

(hereinafter referred to as the “final judgment of this case”) 2. Summary of the Plaintiff’s assertion

A. After the instant final judgment, the Plaintiff agreed with the Defendant to settle the debt amounting to KRW 10 million according to the instant final judgment on December 201, 201, and transferred KRW 10 million to the Defendant.

Therefore, compulsory execution based on the final judgment of this case shall not be permitted.

B. After the final and conclusive judgment of the instant case, the Plaintiff was granted a decision of bankruptcy and immunity from the court around 2013.

Although the Plaintiff did not enter the Defendant in the list of creditors until immunity is granted, at the time, the obligation according to the final judgment of this case is considered to be extinguished by the settlement agreement with the Defendant, and only the Defendant did not enter the same in the list of creditors.

Therefore, the obligation according to the final judgment of the instant case ought to be deemed as discharged pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Ultimately, compulsory execution based on the final judgment of this case shall not be permitted.

3. Determination

A. In a lawsuit of demurrering one claim related to the settlement agreement, the burden of proof as to the grounds for objection should also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, the claim objection is raised.