A. On August 24, 2011, the Defendant filed a lawsuit against the Plaintiff, C, and D against the Plaintiff, C, and D, Seoul Central District Court 201Da2074695, Nov. 22, 2011, and rendered a judgment that “the Plaintiff, C, and D shall jointly and severally pay to the Defendant the amount of KRW 3,115,163 per annum and twenty percent per annum from August 1, 201 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on December 15, 2011.

B. On March 10, 201, the Plaintiff: (a) filed a bankruptcy and application for immunity with the Cheongju District Court No. 201Hau359, 201 and 359; (b) was declared bankrupt on October 15, 2012; and (c) was granted immunity on December 5, 2012 (hereinafter “instant immunity exemption”); and (d) the instant exemption exemption became final and conclusive on December 27, 2012.

C. The list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption was not indicated in the Defendant’s claim against the Plaintiff based on the instant judgment (hereinafter “instant claim”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, and Gap evidence 3, the purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be entitled to any property claim arising before the declaration of bankruptcy shall constitute a bankruptcy claim” and Article 566 of the same Act provides that “The exempted debtor shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends arising from the bankruptcy proceedings: Provided, That any of the following claims shall not be exempted from any liability: Provided, That even if the bankruptcy claim is not entered in the creditors list of the application for immunity, unless it falls under any of the subparagraphs of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010), the effect of immunity shall be exempted (see Supreme Court Decision 2010Da3353, May 13, 2010).”