1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is charged with KRW 25,00,000 to the Plaintiff (Counterclaim Defendant).

1. Facts recognized;

A. In the case of the Plaintiff’s claim for refund of lease deposit against the Defendant (the lawsuit for extension of the prescription period against the Defendant by Seoul Western District Court Decision 96Da19850 Decided November 21, 2006) against the Seoul Central District Court Decision 2006Da168060 on the Plaintiff’s Defendant, the Defendant did not submit a written answer with the Defendant being served with the copy of the complaint. On November 21, 2006, the Defendant rendered a favorable judgment in favor of the Plaintiff that the Defendant would pay the same money as the Plaintiff’s Disposition 2, which became final and conclusive on December

(hereinafter referred to as the “instant claim”) b.

On November 24, 2011, the Defendant was declared bankrupt by Seoul Central District Court No. 2011Hadan4911, and on January 25, 2012, the Seoul Central District Court No. 2011, 4911 was granted immunity.

However, the claim of this case was not included in the above bankruptcy claim list.

C. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, Eul evidence 3-2, Eul evidence 6-1, the purport of the whole pleadings

2. Ex officio determination on the lawfulness of a counterclaim

A. As to the Plaintiff’s claim in this case, the Defendant had been exempted from liability in the bankruptcy procedure as above, the Defendant asserted that the effect of exemption extends to the claim in this case, and filed a counterclaim seeking confirmation that the instant claim was exempted from liability after the closure of pleadings in this case.

B. We examine ex officio the legitimacy of the instant counterclaim.

(1) The defendant may, only if it does not substantially delay the proceedings, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings.

(1) Article 269(1) of the Civil Procedure Act (Article 269(1)). The counterclaim of the Defendant is filed after seven months have elapsed since the principal lawsuit was received on October 11, 2016, and the pleadings have been closed on the fourth date for pleading, the Defendant’s counterclaim claim seeking confirmation of exemption, or as seen thereafter, cannot be deemed to have an effect of exemption on the instant claim.