1. The plaintiff's claim is dismissed.

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

1. In light of Gap evidence No. 2 (including the branch number), the defendant filed a lawsuit against the plaintiff, corporation B, C, and D seeking reimbursement, etc. as Busan District Court Decision 2005Da111386, Jan. 18, 2006; and on January 18, 2006, "the plaintiff, corporation B, C, and D jointly and severally with the defendant 179,209,887 won and 169,586,003 won from August 22, 2001 to December 17, 2005, and 200% per annum 17% per annum from December 18, 2005 to the date of full payment." The above judgment can be acknowledged as having become final and conclusive.

2. The parties' assertion

A. On February 10, 2016, the statute of limitations has expired on February 10, 2016, with respect to the claim against the Plaintiff by the Defendant against the Plaintiff by the Busan District Court Decision 2005Kadan11386 (hereinafter “instant claim”), and thus, it is sought confirmation of the absence of the claim.

B. Since the Plaintiff filed a petition for bankruptcy prior to the expiration of the extinctive prescription of the instant claim, and the Defendant’s instant claim was stated in the Table of Bankruptcy Creditors, the extinctive prescription was suspended, and the instant claim was not extinguished.

3. According to the above facts of recognition, barring special circumstances, the extinctive prescription of the claim in this case was completed after the lapse of 10 years from February 9, 2006, which was the date when the judgment became final and conclusive, unless there are special circumstances.

However, according to the purport of the entire pleadings, the Plaintiff filed a petition for bankruptcy with the Busan District Court 2015Hadan642 and was declared bankrupt by the above court on October 6, 2015. The Plaintiff stated the Defendant’s claim in the list of creditors. Since then, the Plaintiff received a decision not to grant immunity from the above court on March 9, 2016 from the Busan District Court 2015Ma642, the Plaintiff received a decision not to grant immunity from the above court on March 9, 2016. Thus, Article 32 subparag. 2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).