1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 17, 2010, E Co., Ltd. filed a lawsuit against the Defendant, the Seoul Central District Court rendered a judgment that “The Defendant shall pay to E Co., Ltd. 36,141,374 won and 33,000,000 won with 20% interest per annum from January 19, 2010 to the date of full payment,” and the said judgment became final and conclusive as is.

(hereinafter referred to as the “previous Judgment”). (b)

After that, the Plaintiff received a claim based on the previous judgment from E Co., Ltd. (G Co., Ltd.) through the F Co., Ltd. (formerly changed).

C. The Defendant filed an application for bankruptcy and exemption with Seoul Central District Court Decision 2013Hadan6959, 2013Ma6959, the Defendant rendered a decision on exemption (hereinafter “instant decision on exemption”) on November 21, 2013, and became final and conclusive on December 10, 2013. At the time, the Plaintiff’s claim was not stated in the list of creditors submitted by the Defendant in the bankruptcy and exemption procedure.

[Ground for Recognition: Unsatisfy, Evidence No. 1-4, Evidence No. 1, Evidence No. 1, the purport of the whole pleadings]

2. Assertion and determination

A. With respect to the instant lawsuit filed by the Plaintiff for the extension of extinctive prescription of claims based on the previous judgment, the Defendant asserts that the above debt was exempted by the decision of immunity, and the Plaintiff asserts that the Defendant again omitted this in the list of creditors with knowledge of the existence of the obligation against the Plaintiff in bad faith, thereby excluding the subject of immunity.

B. According to Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), “a claim that is not entered in the list of creditors in bad faith by an obligor” is not exempt from liability even if immunity is granted. Here, “a claim that is not entered in the list of creditors in bad faith by an obligor” is known by the obligor prior to immunity.