A. On May 2002, the Defendant asserted that the Plaintiff lent KRW 5 million to the Plaintiff, and filed a lawsuit seeking the payment of the loan against the Plaintiff at the Daegu District Court Port Branch (2015No. 5592).

On June 10, 2015, the above court rendered a judgment that "the plaintiff and C jointly and severally pay to the defendant 5 million won with 5% interest per annum from December 9, 2006 to April 30, 2015, and 20% interest per annum from the next day to the date of full payment" (hereinafter "the judgment of this case"; hereinafter "the claim of this case") and around that time, the judgment became final and conclusive.

B. Meanwhile, on September 17, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court (Seoul District Court Decision 2009Hadan7920, 2009Da7920, 7920) and was declared bankrupt on September 20, 2010 by the said court, and was granted immunity (hereinafter “instant immunity exemption”).

After October 5, 2010, the decision to grant immunity became final and conclusive, and the list of creditors attached to the above decision to grant immunity is not indicated in the Plaintiff’s claim against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including additional numbers), significant facts in this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “A debtor shall be deemed a bankruptcy claim for any property claim arising before the declaration of bankruptcy.” Article 566 of the Act provides that “A debtor granted immunity shall be exempted from all of his/her obligations to a bankruptcy creditor except for dividends arising from bankruptcy procedures: Provided, That a debtor granted immunity shall not be exempted from all of his/her obligations with respect to any of the following claims,” so insofar as a bankruptcy claim does not fall under the proviso to Article 566 of the Act, even if it was not entered in the list of creditors of the application for immunity: