2. The costs of lawsuit shall be individually counted.

A. On October 8, 2014, upon filing an application for immunity and bankruptcy, the Plaintiff was declared bankrupt on March 23, 2015; on May 15, 2015; and on June 5, 2015, the decision to grant immunity became final and conclusive on June 5, 2015.

(Seoul Rehabilitation Court 2014Han 9986, 2014, 9986).(b)

At the time, the obligations listed in the attached list were not listed in the creditor list, and the defendant asserts that the plaintiff currently bears the above obligations against the defendant.

(hereinafter “instant claim”). [Evidence] without dispute, entry in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination

A. The main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that the obligor who has obtained immunity is exempted from all liability for the whole amount of obligations owed to the bankruptcy creditors, except distribution under the bankruptcy procedures.

Here immunity means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

(See Supreme Court Decision 2015Da28173 Decided September 10, 2015). In the instant case, according to the facts of recognition, the instant claim constituted a bankruptcy claim as a property claim arising from a cause arising prior to the declaration of bankruptcy (Article 423 of the Debtor Rehabilitation Act), and the Defendant was unable to enforce the performance of the instant claim to the Plaintiff no longer, unless there exist any special circumstances.

B. The defendant asserts that since the plaintiff did not enter the claim of this case in the list of creditors in bad faith, the effect of exemption does not extend to the claim of this case in accordance with Article 566 subparagraph 7 of the Debtor Rehabilitation Act.

In this case, ① before the Defendant makes a payment on behalf of the Plaintiff at the time when the Plaintiff made a bankruptcy and application for immunity, the claim of this case is still prior to the actual occurrence of the claim, ② the Plaintiff is urged to repay the claim of this case from the Defendant before immunity is granted.