1. The Defendant’s enforcement of the Seoul Central District Court’s 2018 Ghana3079012 Decided November 14, 2019 against the Plaintiff.

1. Basic facts

A. On April 4, 1995, the Plaintiff (name prior to the opening of the name: C) jointly and severally guaranteed the above loan obligations at the time D, etc. received a loan from the E Association.

B. On November 21, 2014, the Plaintiff was declared bankrupt and granted immunity under the Seoul Central District Court (former, Seoul Rehabilitation Court) No. 2014Hadan7008, 2014Ma7008, and the decision to grant immunity (hereinafter “instant decision to grant immunity”) became final and conclusive around that time. The Plaintiff reported the creditors’ claims against F and other creditors at the creditors’ list at the time of filing an application for bankruptcy and immunity, but did not report the above claims.

C. After receiving the claim against the Plaintiff (hereinafter “instant claim”), the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of the assignee fee (2018 Ghana3079012) with the Seoul Central District Court. On November 14, 2019, the said court rendered a ruling that “the Plaintiff shall pay to the Defendant 87,389,523 won, 16,617,267 won per annum from November 9, 2018 to May 31, 2019, and 12% per annum from the next day to the date of full payment (hereinafter “former suit”) and the judgment of the previous suit became final and conclusive on December 20, 2019.”

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 and 2 (including numbers), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant’s assertion on the defense of safety at issue was able to assert discharge in the previous suit of this case, and thus, the Defendant’s assertion on discharge in this case goes against the res judicata of the judgment in the previous suit of this case. 2) The exemption of liability by decision on discharge of discharge of discharge of discharge of discharge of discharge of discharge of discharge of discharge of discharge of discharge of discharge of enforcement in the execution stage, regardless of the existence and scope of the obligation itself, and thus, the exemption was neither asserted nor determined during the pleading process.