A. On June 2007, the Defendant: (a) operated the main store with D and D as “E; (b) changed the trade name to “F” as of February 21, 2008; and (c) did not pay KRW 43,822,651 out of the price of alcoholic beverages supplied from the Defendant from June 18, 2007 to October 8, 2009; (d) filed a lawsuit against the Plaintiff for claiming the payment of goods under this Court Order 2012Da319180; and (e) rendered a favorable judgment on April 19, 2013 through service by public notice.

B. On July 25, 2017, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Rehabilitation Court No. 2017Hadan3948, 2017Ka3948, and did not state the Defendant’s claims in the creditors’ list.

After being declared bankrupt, the Plaintiff was granted immunity on September 13, 2018, and the above immunity became final and conclusive on September 29, 2018.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 to 3 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. As above, it can be recognized that immunity has become final and conclusive. Accordingly, barring any special circumstance, the Plaintiff’s liability for the above obligation against the Defendant is exempted.

B. As to this, the Defendant asserted to the effect that the Plaintiff did not enter the above claims in bad faith in the course of bankruptcy and application for immunity, the above claims constitute “claims not entered in the creditor registry in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus excluded from the scope of immunity.

The term “claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, if the debtor was unaware of the existence of an obligation, he/she did not know such fact.