A. On December 27, 2007, the Plaintiff borrowed KRW 7,000,000 from the Defendant.

(hereinafter “instant debt”). (b)

On November 6, 2015, the Plaintiff (hereinafter “instant decision to grant immunity”) was granted by Daegu District Court 2014Da3688, and the said decision became final and conclusive on April 12, 2016.

C. The instant debt was not included in the list of creditors of the instant decision to grant immunity.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) provides that “A debtor shall be entitled to a bankruptcy claim that has arisen before the declaration of bankruptcy,” and Article 566 of the same Act provides that “A debtor who has been exempted shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends under the bankruptcy procedure: Provided, That a bankruptcy claim shall not be exempted from any of the following claims.” Thus, even if it is not entered in the creditors list of the application for immunity, the effect of immunity is exempted (see Supreme Court Decision 2010Da3353, May 13, 2010) unless it falls under any of the subparagraphs of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). According to the facts recognized in Article 423 of the Debtor Rehabilitation and Bankruptcy Act, the claim of this case is arising from the cause before the declaration of bankruptcy, and the effect of the immunity becomes effective, barring special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the claim in this case. Thus, the claim in this case is stipulated in Article 566 (proviso)7 of the Debtor Rehabilitation Act.