2. The Defendant’s KRW 5,983,683 among the Plaintiff and KRW 2,928,395 among the Plaintiff, on February 16, 2017.

A. Samsung Card Co., Ltd executed two loans (hereinafter “instant loans”) to the Defendant, and on January 5, 2015, the sum of the principal and interest of the instant loans as of January 5, 2015 is KRW 2,928,395, and the sum of principal and interest KRW 5,983,683.

B. On August 25, 2010, Samsung Card Co., Ltd. transferred the claim for the instant loan to a limited liability company located in the land, and notified the Defendant thereof on October 5, 2010. On December 13, 2011, a limited liability company located in the land transferred the instant loan claim to the Plaintiff and notified the Defendant thereof on April 10, 201.

C. On October 24, 2014, the Defendant declared bankrupt and filed an application for immunity with the Incheon District Court Decision 2014Hadan5302, 2014Ma5290 on October 24, 2014. On March 25, 2015, the foregoing decision became final and conclusive on April 9, 2015 upon receipt of a decision to grant immunity from the above court.

On the other hand, the defendant did not enter the claim for the loan of this case in the list of creditors submitted in the above bankruptcy and exemption procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff asserted that the parties concerned are claiming the payment of the loan of this case against the defendant, and the defendant is exempted from the responsibility upon the decision to grant immunity.

As to this, the Plaintiff asserts that the Plaintiff’s claim for the instant loan constitutes non-exempt claim as prescribed by the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), since the Defendant had failed in bad faith to the Plaintiff’s claim in the list of creditors who submitted bankruptcy and exemption procedures.

B. The main text of Article 566 of the Act provides that an obligor who has been exempted from liability is exempted from all liability for all obligations to bankruptcy creditors, except for dividends pursuant to the bankruptcy procedure. However, the proviso of Article 566 provides that an obligor shall not be exempted from liability for “claims not entered in the list of creditors in bad faith.”