1. The instant lawsuit shall be dismissed.

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

1. Case history

A. On March 23, 2003, the Plaintiff’s mother B borrowed interest of KRW 13,400,000 per annum from the Defendant, 22% per annum, the loan period of 48 months, and delay damages rate of 24% per annum. On the same day, the Plaintiff jointly guaranteed B’s obligation to the Defendant on the same day.

B. After the death of the above B in October 2006, the Plaintiff filed a petition for adjudication of bankruptcy with Suwon District Court 2006Hadan11801 on November 22, 2006, and was declared bankrupt on July 10, 2007. On October 19, 2007, if Suwon District Court 2006 Suwon District Court 2006Ma13461 on October 19, 2007, and the above decision of exemption became final and conclusive on November 6, 2007.

C. On January 25, 2011, the Defendant filed a lawsuit against the Plaintiff seeking the performance of the foregoing guaranteed liability under the Suwon District Court Ansan Branch No. 2010Ga71587, the Defendant ordered the Defendant to pay the Plaintiff “34,343,366 and the amount calculated at the rate of 24% per annum from July 9, 2010 to the date of complete payment” with respect to KRW 13,068,823 as to KRW 34,343,36 and its total amount.

The above judgment became final and conclusive around that time.

When the Defendant initiates compulsory execution against the Plaintiff based on the above judgment, the Plaintiff failed to recognize the existence of the obligation against the Defendant due to the failure to recognize the existence of the obligation against the Defendant at the time of the above bankruptcy exemption procedure, and thus, omitted in the creditor list. Thus, the above decision on exemption has an effect on the Defendant, and filed the instant lawsuit by seeking confirmation as to whether the guaranteed obligation was exempted by the above decision on exemption.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-4, Gap evidence 5-1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings.

2. It is confirmed that the guaranteed obligation indicated in the separate sheet, which the Plaintiff owes to the Defendant, was exempted by the aforementioned decision of exemption.