1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C: (a) KRW 1,500,000,000 for the Plaintiff; and (b) on the part of the Plaintiff, the amount of KRW 1,500.

1. Facts of recognition;

A. On August 26, 2008, the Seoul Central District Court 2006Gahap39848, which the Plaintiff filed against the Defendants, sentenced to the judgment on August 26, 2008, “The Defendants jointly and severally against the Plaintiff at KRW 1.5 billion, Defendant B shall pay to the Plaintiff the amount of KRW 1.5 billion from August 22, 2006, Defendant C shall pay 5% per annum from July 8, 2006 to August 26, 2008, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on September 18, 2008.

B. On June 13, 2013, including bankruptcy claims, Defendant B was declared bankrupt by the Seoul Central District Court Decision 2013Hadan3425, Jun. 13, 2013. On August 30, 2013, Defendant B was determined to be indemnified by the same court No. 2013,3425, and the said decision became final and conclusive on September 17, 2013.

C. On August 24, 2018, the Plaintiff filed the instant lawsuit against the Defendants for the extension of the prescription period of claims under the said final judgment.

[Ground of Recognition] Defendant B: A without dispute, entry of Gap evidence 1, 2, Eul evidence 1 through 11, and the purport of the whole pleadings, defendant C: Judgment by service by public notice

2. Whether the claim against the defendant B is lawful

A. Since the decision to grant immunity to Defendant B on the claim asserted by Defendant B became final and conclusive, the Plaintiff’s claim shall not be accepted.

This falls under the legitimate requirements of the litigation as set forth below, and thus, Defendant B’s assertion is a defense before the merits.

B. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability is exempted from the liability for all obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when immunity on the debtor's bankruptcy becomes final and conclusive, the claim which has been exempted is lost the ability to file a lawsuit.