1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s criminal complaint against the Plaintiff (1) and C, upon introducing D from the Plaintiff, agreed to receive KRW 100,000,000 as interest for one year from March 16, 2012, and lent KRW 100,000,000 for each of them as interest. 2) D failed to perform the above loan repayment obligation, and the Defendant et al. filed a criminal complaint against D and the Plaintiff on the charge of fraud.

On December 20, 2013, the police investigation of the above criminal case, the Plaintiff was examined by the police on the interrogation of the suspect (the questioning with the Defendant, etc.) and stated in the investigation record as follows: “I must complete the investigation as he was unable to repay the money against fraud. I must complete the investigation.”

3) On March 12, 2014, the public prosecutor of the Incheon District Public Prosecutor’s Office affiliated with the branch office of the Incheon District Public Prosecutor’s Office issued a non-prosecution disposition against the Plaintiff (Evidence insufficient). B. The Plaintiff’s bankruptcy and exemption 1) on December 18, 2012, the Plaintiff filed an application for adjudication of bankruptcy and exemption under the Suwon District Court Decision 201Hawon District Court Decision 201378, 2012, 9378.

2) The above bankruptcy court declared bankrupt on March 17, 2014, and decided to grant immunity on August 21, 2014 (hereinafter “instant decision to grant immunity”).

(3) At the time of the declaration of bankruptcy and the application for discharge, the Plaintiff omitted the Defendant’s liability for damages from the list of creditors.

C. On April 7, 2014, the Defendant filed a lawsuit against the Plaintiff for damages against the Plaintiff and D under the Suwon District Court’s Ansan Branch 2014Kadan10236, and the said court rendered a judgment of admitting the entire amount of damages on July 3, 2014, and the said judgment became final and conclusive on August 8, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 6, 7 evidence, Eul evidence 1 to 3 and 9 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant exemption decision became final and conclusive, and thus, the Plaintiff’s damage liability against the Defendant was exempted.