1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On 199, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement and received a final and conclusive judgment in favor of the Plaintiff. On 209, the Defendant filed a lawsuit for the extension of the prescription period of claims based on the above judgment and received a final and conclusive judgment in favor of the Defendant stated in the purport of the claim (hereinafter “instant judgment”).

B. On June 27, 2016, the Plaintiff filed for bankruptcy and exemption with the Seoul Central District Court, and the decision became final and conclusive on July 13, 2016.

[Ground for recognition] Unsatisfy

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim, an obligor exempted from liability is exempt from all liability for all obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. The obligation pursuant to the judgment of this case constitutes a bankruptcy claim, which is a property claim arising prior to the declaration of bankruptcy of the Plaintiff, and constitutes a bankruptcy claim. Thus, barring any special circumstance, barring any special circumstance, a compulsory execution against the Plaintiff based on the judgment of this case should be denied.

3. Judgment on the defense

A. The facts of recognition (1) On February 28, 1995, the Defendant concluded a personal guarantee insurance contract with C Co., Ltd. (the policyholder and the insured; hereinafter “Nonindicted Co., Ltd.”) and the Defendant with the coverage period from March 1, 1995 to February 28, 1998. The content of the guarantee “compensation for direct damage to property suffered by the Nonparty Co., Ltd. due to the Plaintiff’s illegal acts, such as theft, robbery, fraud, embezzlement, breach of trust during the insurance period,” and the purchase amount of the insurance amount of KRW 50 million.

(2) On December 29, 1997, the non-party company filed a complaint with the Gwangju Northern Police Station on the ground that the Plaintiff embezzled KRW 49,95,240 from the non-party company's sales proceeds collected from the non-party company and 11 customers while serving as sales members of the non-party company, without depositing in the non-party company, for commercial embezzlement, and on March 16, 1998, the amount equivalent to the above amount to the Defendant.