A. A. Around January 6, 1997, National Bank Co., Ltd. entered into a monetary loan agreement with the Plaintiff on the loan amounting to KRW 15 million, repayment date, January 16, 2002, interest rate and overdue interest rate with the purport that the above bank would follow the fluctuation rate as set forth in the above bank, and provided a loan of KRW 15 million to the Plaintiff (hereinafter “instant loan claim”), and around September 30, 1998, transferred the instant loan claim to the Korea Asset Management Corporation and notified the Plaintiff of the said transfer around that time.

B. The Plaintiff received immunity on September 19, 2008 (hereinafter “instant immunity”) by filing bankruptcy and application for immunity with the Gwangju District Court 2007Hadan8312, 2007Hun-Ma8309, and the decision was finalized on October 7, 2008. At the time, the creditor list had the Korea Housing Finance Corporation and the Korea Housing Finance Corporation, but the Korea Asset Management Corporation that acquired the instant loan claim was omitted from the above list.

C. On the other hand, around May 13, 2013, the Defendant filed a lawsuit against the Plaintiff seeking the repayment of the instant loan claim with the Seoul Central District Court 2013Da575968, and the said court closed the pleadings on October 10, 2013 according to the service by public notice procedure, and rendered a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from October 3, 2013 to the date of full payment, with the amount of KRW 55,827,973 and KRW 14,093,09 among them,” and the said judgment became final and conclusive as is around November 7, 2013.

(hereinafter referred to as the “judgment prior to the instant case”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 5 and 8, and the purport of the whole pleadings

2. Determination

A. In a case where a decision to grant immunity to the debtor to the judgment on the cause of the claim becomes final and conclusive, the debtor is exempted from all of his/her obligations to the bankruptcy creditor (Articles 565 and 566 of the Debtor Rehabilitation and Bankruptcy Act). Accordingly, the above facts of recognition are examined.