1. The Defendant’s compulsory execution against the Plaintiff at the Incheon District Court on October 25, 2012, based on the payment order (2012j 13542).

1. Basic facts

A. A. On April 17, 2007, ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) concluded a credit transaction agreement with C Co., Ltd. (hereinafter “C”) that implements apartment development projects at Bri-ri-ri-si (hereinafter “C”), and loaned KRW 3,00,000,000,000 to C on July 17, 2007 (the period of repayment thereafter was extended until August 31, 2010) with the maturity of 12% per annum (hereinafter “the loan agreement in this case”).

B. On April 17, 2007, the Plaintiff, along with D, the representative director of C, and E, the actual owner of C, set the limit of collateral guarantee amounting to KRW 3,900,000,000, and jointly and severally guaranteed C’s debt to the Es Savings Bank under the instant loan agreement.

(hereinafter “instant guaranteed liability”) C.

On August 20, 2007, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court (Seoul Central District Court Decision 2007Hadan34067, 2007Ma34086, 34086). The above court declared bankrupt on November 19, 2007, and made a decision to grant immunity on October 2, 2008 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive around that time.

However, the Plaintiff did not enter the instant guaranteed obligation in the list of creditors when filing an application for bankruptcy and exemption.

On September 26, 2012, ES Savings Bank was bankrupted by the Incheon District Court 2012Hahap9, and the defendant was appointed as the trustee in bankruptcy on the same day.

E. The Defendant filed an application with the Incheon District Court for a payment order seeking the payment of loans and the guaranteed debt, including the instant guaranteed debt, against Plaintiff C, D, and E as the Incheon District Court No. 2012 tea13542.

Accordingly, on October 25, 2012, the said court held that “A, D, E, and the Plaintiff jointly and severally pay to the Defendant the sum of KRW 4,580,594,549, and KRW 3,000,000 per annum 25% from September 17, 2012 to the date of full payment and KRW 1,141,111 out of the expenses for demand procedure.”