1. The claim of this case is dismissed.

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

1. Basic facts

A. On June 26, 2007, when the Plaintiff was in office as the representative director of B, the Plaintiff jointly and severally guaranteed the principal and interest of KRW 100 million to the Defendant bank of B.

B. The Plaintiff was declared bankrupt on December 13, 2012 at the Suwon District Court Order 201Hadan10534, 2011, and 10534, and was subsequently decided to grant immunity on February 22, 2013.

However, the above joint and several liability was omitted in the list of creditors in the above bankruptcy and application case for immunity.

C. The Defendant filed a lawsuit against the Plaintiff and B against the Plaintiff and the Plaintiff seeking payment of KRW 5,492,542 of the principal amount and interest and overdue interest at KRW 4,789,051 of the principal amount out of the principal amount of loan as Seoul Central District Court Decision 2014Da49546. In the instant case, the said court rendered a decision of performance recommendation on June 25, 2014, and the said decision was served on the Plaintiff on August 21, 2014, and became final and conclusive on September 5, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The parties' assertion

A. The Plaintiff asserted as the representative director of the Plaintiff Company B, who was the Defendant, submitted a guarantee of the Credit Guarantee Fund for KRW 80 million out of total loans of KRW 100 million, and the remainder of KRW 20 million was subscribed to the Defendant bank and provided as security.

Of the loans, 80 million won has been paid by the Credit Guarantee Fund on behalf of the Korea Credit Guarantee Fund, and in the future, it has been notified by the Korea Credit Guarantee Fund that the payment has been made to the Korea Credit Guarantee Fund on behalf of the defendant, and when applying for bankruptcy and exemption, the Korea Credit Guarantee Fund

However, with respect to KRW 20 million among the loans, it was omitted in the list of creditors with the knowledge that the installment savings provided as security has been disposed of by offsetting it with the installment savings provided as security by the defendant without any demand for payment from the defendant.

B. The Defendant’s assertion was omitted from the list of creditors due to negligence even though the Plaintiff knew the existence of the obligation.