On June 4, 2004, the Defendant made a written agreement to pay to the Plaintiff a total of KRW 40 million in four installments until August 31, 2004 to the Plaintiff, with the content that the Defendant would pay KRW 10 million in total to the Plaintiff and KRW 30 million in exchange for the Defendant’s material cost obligation to the Plaintiff.

B. On June 4, 2004, the above contract date, the defendant paid 3 million won to the plaintiff on June 4, 2004, and did not pay the remaining contract amount.

C. On December 23, 2008, the Defendant filed an application for immunity and adjudication of bankruptcy with the Seoul Central District Court 2008Da3987 and 2008Hadan3987, and was granted immunity on July 6, 2009. The decision became final and conclusive around that time.

However, the list of creditors submitted by the Defendant while applying for the above immunity did not include the Plaintiff’s claim.

2. The defendant asserts that the plaintiff is exempted from liability because he/she received immunity from immunity.

The plaintiff asserts that the defendant's liability for the above claim is not exempted because the defendant knew of the existence of the above claim at the time of the application for exemption and omitted it in the list of creditors.

The term “claim which is 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. Thus, if the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the debtor was aware of the existence of an obligation, it is difficult to enter it in the list of creditors by negligence.