A. On May 21, 1998, the Defendant filed a lawsuit claiming the amount of the Promissory Notes against the Plaintiff and C, seeking “18,764,000 won and damages for delay,” as the court’s 98 Ghana798, on the ground that the Promissory Notes issued by the Plaintiff were distributed via C, and there was no transaction relationship with the Plaintiff.

B. The Defendant was rendered a favorable judgment on July 3, 1998, and the above judgment (hereinafter “instant judgment”) became final and conclusive around that time. While the Defendant had performed compulsory execution against C around 2006, the Defendant filed the first application for compulsory execution against the Plaintiff in 2017.

C. On April 21, 2009, the Plaintiff obtained the exemption from immunity on November 27, 2009 by filing a bankruptcy exemption application with the Seoul Rehabilitation Court Decision 2009Hadan1096, 2009, 10996, without omitting the Defendant’s claim in the creditor list. The above decision is referred to as “the exemption from immunity of this case”

(2) On December 12, 2009, the judgment of the court below became final and conclusive. [Grounds for recognition] There is no dispute, Gap 1-3, and 5 (each entry, including above numbers, and the purport of the whole pleadings.]

2. Determination

A. The Plaintiff asserts that compulsory execution based on the judgment of this case shall not be permitted since it was exempted from the Plaintiff’s liability for the Defendant’s claim in accordance with the decision to grant the immunity of this case, and the Defendant asserted that the Plaintiff did not grant the exemption since the Plaintiff knew the existence of the above-mentioned claim to the obligee.

B. Since an obligor who has been exempted from liability pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act is in principle exempted from all liabilities to bankruptcy creditors, a creditor who asserts that he/she is a non-exempt claim must prove the obligor’s bad faith that “the obligor, despite being aware of the existence of the claim, omitted from the list of creditors.”

C. However, if the Plaintiff knew of the existence of the Defendant’s claim against the Plaintiff, but omitted from the creditor list, the Plaintiff was around 2008 to 2009.