A. On September 14, 2015, the Plaintiff entered into a loan transaction agreement with D Co., Ltd. under the guarantee of C, and received a loan of KRW 10 million, but failed to repay the principal and interest of the loan as of May 8, 2020, the Plaintiff bears the obligation of KRW 5,004,163, and the total amount of interest and interest at KRW 5,180,716, as of May 8, 2020.

(hereinafter “instant claim”). (b)

The Plaintiff applied for bankruptcy and exemption at the 104.12 and 104.12 at the Seoul Rehabilitation Court (hereinafter “instant immunity”) and the decision of immunity on February 6, 2020 became final and conclusive around that time. A list of creditors of bankruptcy and exemption cases did not include the instant claim.

C. The Defendant merged D Co., Ltd. and completed the merger registration on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property arising before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "any debtor who has been exempted shall be exempted from all of his/her obligations against the bankruptcy creditor except for dividends under the bankruptcy procedure; however, any of the following claims shall not be exempted from all of his/her obligations." Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of Article 566 of the same Act, the effect of the immunity is exempted (see Supreme Court Decision 2010Da3353, May 13, 2010), and the plaintiff is subject to the exemption of the immunity of this case, barring any special circumstance, and thus, the claim of this case shall also be exempted from the effect of the exemption of the immunity of this case pursuant to the effect of the exemption of this case, unless there is a special circumstance:

B. Judgment on the defendant's assertion (1)