1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 19, 2004, the Defendant (former: E Co., Ltd., and F Co., Ltd.) filed a lawsuit against the Plaintiff as Seoul Central District Court 2004Da49790, and was sentenced on December 8, 2004, to the effect that “the Plaintiff shall pay to the Defendant 23,400,000 won and the amount calculated at the rate of 5% per annum from January 30, 2003 to March 5, 2004, and 20% per annum from the next day to the date of full payment.”

The plaintiff appealed against the above judgment as Seoul Central District Court 2005Na1307, and on September 28, 2005, the court ordered payment in excess of 5% per annum from January 30, 2003 to September 28, 2005 and 20% per annum from the next day to the date of full payment."

Since then, each of the above judgments became final and conclusive.

The Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2015 tea50794 in order to suspend the extinctive prescription of the claim for reimbursement. The payment order issued in the above case (hereinafter “instant payment order”) was served on the Plaintiff on April 8, 2016, and became final and conclusive on April 22, 2016.

On the other hand, on June 30, 2008, the Plaintiff applied for the adjudication of bankruptcy and the permission for discharge under the Seoul Rehabilitation Court Order 2008Hadan20601 and 2008Ma20601 on June 30, 200, and was decided to grant discharge from the above court on October 28, 2008.

However, at the time of the above application, the Plaintiff entered the Defendant’s claim for reimbursement in the list of creditors, and entered the name of the obligee as “G”.

[Reasons for Recognition] The Plaintiff’s assertion of the purport of the entire pleadings and the purport of the entire pleadings was stated as “G Co., Ltd.” in the list of creditors due to mistake at the time the above bankruptcy was declared and the application for immunity was filed.

The plaintiff is liable to the defendant.