A. On December 5, 2001, the Plaintiff agreed to pay interest of 38% per annum in receiving KRW 2,738,464 from D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “D”) (hereinafter “instant loan”).

B. On July 23, 2014, the Defendant asserted that the Plaintiff acquired the instant loan claims against the Plaintiff under a bond acquisition agreement entered into with D on July 23, 2014, and filed a lawsuit (Seoul Western District Court 2015 Ghana480341) seeking the payment of the acquisition amount against the Plaintiff, and was sentenced by the said court on October 6, 2015 to the effect that “the Defendant shall pay the Plaintiff 11,482,489 won and 2,738,464 won with 15% interest per annum from September 16, 2015 to the date of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive around that time.

C. On November 13, 2009, the Plaintiff filed a petition for immunity from bankruptcy (hereinafter “instant application for immunity from bankruptcy”) with the Suwon District Court 2008Hadan8259, 2008 Ma8256 (hereinafter “instant application for immunity from bankruptcy”) and was declared bankrupt and was granted immunity from the above court (hereinafter “instant exemption from immunity”). The instant exemption from immunity was finalized on December 3, 2009.

The Plaintiff did not enter the instant loan obligations in the list of creditors at the time of the application for immunity from the bankruptcy of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against the debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "the debtor who has been exempted shall be exempted from all obligations to the bankruptcy creditor, except dividends arising from the bankruptcy procedure, except for dividends arising from the bankruptcy procedure: Provided, That any of the following claims shall not be exempted from the liability," so the bankruptcy claim is in the list of creditors of the application for immunity