1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 420,750.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 22, 2010, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Incheon District Court No. 2010Hadan6770, 201, 6769 (hereinafter “instant application for immunity”) and was declared bankrupt by the said court on July 26, 201, and was granted immunity on October 28 of the same year, and the said decision (hereinafter “instant decision for immunity”) became final and conclusive on November 12, 201 of the same year.

B. When preparing the list of creditors at the time of the above bankruptcy and application for immunity, the Plaintiff omitted the Defendant’s claim amounting to KRW 420,750,000 (hereinafter “instant claim”).

[Ground for recognition] Unsatisfy

2. Summary of the parties' arguments;

A. The plaintiff's claim of this case is a joint and several several several surety debt incurred by the plaintiff at the time of borrowing KRW 300,000,000 from the defendant around 205 by the non-party C, who is China. The reason why the plaintiff did not enter the claim of this case in the creditor's list at the time of the bankruptcy and application for immunity was that the above loan debt was extinguished and the plaintiff's joint and several surety debt was extinguished according to the nature of the father. Thus, the claim of this case cannot be deemed to constitute "claim which is not entered in the creditor's list in bad faith," which is non-exempt debt pursuant to the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act"), and therefore, the debt of this case owed by the plaintiff against the defendant was exempted from the immunity of this case upon the confirmation of the immunity of this case.

B. As to this, the Defendant is a loan claim that the Plaintiff borrowed money from the Defendant without relation to C, and the Plaintiff knew of the existence of the instant claim at the time of the bankruptcy and application for immunity, but did not enter it in the list of creditors in bad faith.