A. On August 27, 2008, the Seoul Southern District Court 2008Gabu126466, the Defendant filed a lawsuit claiming the amount of money (hereinafter “the instant judgment”) with the Seoul Southern District Court 2008Gabu12646, and the said lawsuit was served by public notice and the pleading was in progress, and on August 27, 2008, the Plaintiff was sentenced to the Defendant to pay KRW 5 million and the damages for delay

B. The Plaintiff was granted immunity on February 16, 2015 by filing a bankruptcy and application for immunity at the Incheon District Court 2014do2992, 2014Hadan2995, which became final and conclusive on March 3, 2015.

The list of creditors submitted by the Plaintiff was not indicated by the Defendant.

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

2. In other words, a property claim arising prior to the declaration of bankruptcy against a debtor regarding the determination of the cause of a claim, which is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, that is, a bankruptcy claim is not entered in the list of creditors at the time of application for immunity, barring the case falling under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the proviso thereof, and the right

According to the above facts of recognition, the claim of this case constitutes a bankruptcy claim as a property claim arising from a cause arising before the declaration of bankruptcy, and barring any special circumstance, the decision of this case became final and conclusive and thus, the plaintiff's obligation to the defendant is also exempted, and thus compulsory execution based on the decision of this case

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion was omitted in the list of creditors even though the Plaintiff had been fully aware of the existence of the claim in this case at the time of filing an application for bankruptcy and exemption from liability, and thus, the Plaintiff cannot claim exemption from liability.

(b) judgment;