A. On October 25, 2010, the Plaintiff entered into a credit guarantee transaction agreement with the Defendant, and received a loan equivalent to KRW 5,800,000 from the National Agricultural Cooperatives in accordance with the said guarantee agreement.

B. On September 3, 2012, the Defendant subrogated for KRW 5,104,926 for the total amount of the Plaintiff’s loan to the In-Seoul Agricultural Cooperative.

C. On June 24, 2015, the Plaintiff was declared bankrupt on April 6, 2016 and was granted immunity on July 26, 2016 by the Suwon District Court Nos. 2015, 3106 and 2015Hadan3106, and the Plaintiff was granted a decision to grant immunity on July 26, 2016. The decision to grant immunity became final and conclusive on August 10, 2016.

(hereinafter “instant decision to grant immunity”) D.

The list of creditors submitted by the plaintiff to the bankruptcy and immunity cases is not written by the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff asserts that, since the credit information recording was not recorded by the defendant at the time of filing an application for bankruptcy and exemption, the defendant's claim was not known to exist and omitted entry was made in the list of creditors, and therefore, the plaintiff's incidental debt (hereinafter collectively referred to as "the debt of this case") with the defendant was exempted from the immunity of this case.

On the other hand, the defendant asserts that since the plaintiff knew the existence of the debt of this case and did not enter it in the list of creditors in bad faith, the debt of this case constitutes non-exempt claim.

3. Determination

A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) states that “a claim which an obligor has not been entered in the creditors’ list in bad faith” refers to a case where the obligor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, has not been entered in the creditors’ list. Therefore, when the obligor was unaware of the existence of an obligation, he was negligent in not knowing such fact