1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff filed an application against the Defendant for the payment order of promissory notes with the Gwangju District Court 2008 tea9523 (hereinafter “the first payment order”). The Defendant submitted a written objection and a written answer to the effect that the extinctive prescription of the Plaintiff’s claim for promissory notes is expired, and that the said payment order was submitted to the Plaintiff for a regular litigation procedure, and the Plaintiff withdrawn the first payment order on September 8, 2008.

B. On September 5, 2008, which was three days before the withdrawal of the application for the first payment order, the Plaintiff applied for the second payment order to the Gwangju District Court 2008 tea10408 (hereinafter “the second payment order”), the second payment order was not served on the Plaintiff, and was sent to the due process (Seoul District Court 2008Gadan82914), and was proceeding by public notice on February 5, 2009, and was sentenced on February 5, 2009, to the effect that “the Defendant would pay to the Plaintiff KRW 42,92,392,392, and damages for delay.” The above judgment became final and conclusive around the 21st of the same month.

(hereinafter referred to as “the judgment prior to the instant lawsuit”) C.

On March 16, 2009, after the judgment of the previous lawsuit of this case became final and conclusive, the Defendant filed an application for individual bankruptcy and exemption from liability with the Gwangju District Court Decision 2009Hadan1256, 2009, 1256, and rendered a decision of exemption from liability on October 15 of the same year.

(hereinafter “instant decision on exemption”). However, the list of creditors submitted by the Defendant in the above bankruptcy and exemption procedure did not indicate the obligation to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. As to the instant lawsuit filed by the Plaintiff for the extension of the extinctive prescription of claims based on the judgment prior to the instant lawsuit, the Defendant was exempted from the liability by receiving the instant exemption decision.