A. On February 20, 2006, Busan Mutual Savings Bank (hereinafter “Seong Bank”) filed a lawsuit with the Plaintiff seeking the payment of the transfer money (Seoul Western District Court 2006Gaso38816). On June 21, 2006, the above court rendered a judgment on June 21, 2006 that “the Defendant shall pay the Plaintiff the amount of KRW 1,474,989 and the amount of money calculated at the rate of 20% per annum from June 7, 2006 to the date of full payment” and the above judgment (hereinafter “the final judgment of this case”) became final and conclusive on July 11, 2006.

B. On July 7, 2016, the Plaintiff filed an application for immunity from personal bankruptcy and application for immunity (Cheongju District Court 2016Hadan493, 2016 Ma493, and 2016 Ma493) on July 4, 2017, and the said decision (hereinafter “instant decision of immunity”) became final and conclusive on July 19, 2017.

C. At the time of applying for bankruptcy and exemption, the Plaintiff did not enter claims based on the final judgment of the instant case in the list of creditors.

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

2. Determination

A. 1) The Plaintiff omitted claims based on the instant final judgment in the process of determining the bankruptcy and exemption from liability in the list of creditors, but is not negligent, but omitted in bad faith. Claims based on the Defendant’s final judgment were also exempted by the decision of immunity from liability of this case. 2) The Defendant Plaintiff, even though having knowledge of the existence of claims based on the instant final judgment, omitted such claims in the list of creditors in bad faith, does not affect the decision of exemption from liability of this case.

B. Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”)

"Claims that are not entered in the list of creditors in bad faith" referred to in subparagraph 7 of Article 566 refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors.