1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 23, 2004, the Plaintiff (Seoul Eastern Fire Insurance Co., Ltd.) filed a claim against the Defendant for subrogation pursuant to the Guarantee of Automobile Accident Compensation Act (Seoul District Court Decision 2007Da451776) on the ground that: (a) on May 23, 2004, when driving a vehicle owned by the Defendant and driving a vehicle on the road, the victim D dies by shocking the central line; and (b) the Defendant is liable for damages to the victim as a person who is responsible for the operator under the Guarantee of Automobile Accident Compensation Act; (c) the Plaintiff, who is entrusted by the Minister of Construction and Transportation with the authority to guarantee automobile accident compensation business, paid KRW 68,726,00 to the legal heir of the victim as compensation within the limit of the liability insurance amount; (d) the Plaintiff acquired the subrogation right pursuant to the Guarantee of Automobile Accident Compensation Act.

On April 2, 2008, the court rendered a judgment in favor of the plaintiff to the effect that the plaintiff shall pay 68,726,000 won to the defendant jointly and severally with the defendant as well as 5% per annum from July 30, 2004 to February 27, 2008, and 20% per annum from the next day to the day of full payment. The judgment became final and conclusive around that time.

B. On October 26, 2010, the Defendant filed an application for bankruptcy and exemption, and the court declared bankrupt on May 6, 201 and rendered a decision to grant immunity on September 8, 201, which became final and conclusive on September 23, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 2, the purport of the whole pleadings

2. The plaintiff alleged by the parties is obligated to pay the compensation amount to the plaintiff who paid the compensation amount as the operator of the vehicle involved in the accident by the defendant, and the judgment on the claim for compensation amount became final and conclusive, but since the expiration date of the extinctive prescription expires, the defendant is obligated to pay the compensation amount and the compensation for delay to the plaintiff.