1. The instant lawsuit shall be dismissed.

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

1. As to the plaintiff's assertion, the plaintiff filed the lawsuit of this case against the defendant for the interruption of extinctive prescription of the claim for reimbursement claim by Seoul Central District Court Decision 2004Da206050, which became final and conclusive by the defendant's bankruptcy and immunity decision, the defendant asserts that the defendant's liability for the above claim is exempted and that the plaintiff's claim

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "any debtor who has been exempted shall be exempted from all obligations to any bankruptcy creditor except dividends under the bankruptcy procedure: Provided, That any of the following claims shall not be exempted from liability." Thus, even if it is not entered in the list of creditors of the application for immunity, a bankruptcy claim is exempted from liability with the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010).

In full view of the following facts: (a) the Plaintiff filed a claim for indemnity against the Defendant under Seoul Central District Court 2004Kadan206050 and filed a lawsuit against the Defendant on October 6, 2004; and (b) “The Defendant and B jointly and severally agreed with the Plaintiff for KRW 35,452,453 and KRW 35,201,643 from May 20, 2004 to August 28, 2004; and (c) the amount of 18% annual application for immunity from the next day to the date of full payment; and (d) the amount of 20% annual application for immunity from the next day to October 23, 2004 to the date of full payment; and (e) the said judgment became final and conclusive on October 23, 2004 by means of service; and (e) the Defendant was declared bankrupt on July 13, 2013 to the Incheon District Court 201Ha1417, Nov. 2, 2017, 2017