A. A. Around January 2008, the Defendant filed a lawsuit against the Plaintiff seeking payment of the loan (hereinafter “instant lawsuit”) with the Jeju District Court 2008Gaso877, and the said court rendered a judgment accepting the Defendant’s claim on June 27, 2008, and the said judgment became final and conclusive around that time.

B. According to the instant judgment, the Defendant filed an application for a seizure and collection order with the Plaintiff as the debtor. Accordingly, on February 24, 201, the Jeju District Court issued a seizure and collection order with the Jeju District Court 201TTT No. 1153, Sept. 19, 201, with the same court 201TT 6368, as to the Plaintiff’s deposit claims against the National Agricultural Cooperative Federation, etc.

[On March 3, 2011, according to the seizure and collection order of the above 201TFT No. 1153, the Plaintiff Nonghyup Bank Co., Ltd. (hereinafter “ Nonghyup Bank”)

(C) KRW 83,398 was collected from the account.

On July 2014, the Plaintiff filed an application for bankruptcy and immunity with the Busan District Court Decision 2014Hadan1754, 2014Ra1754, 1754. On January 23, 2015, the said court determined the Plaintiff’s immunity and became final and conclusive around February 2015.

At the time that the Plaintiff applied for exemption, etc. as above, the Plaintiff did not separately enter the obligation of loans to the Defendant (hereinafter “instant obligation”) in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 9 and 11, and the court's inquiry into the Nong Bank Co., Ltd., the purport of the whole pleadings

2. Determination as to the cause of action

A. “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) refers to cases where an obligor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, fails to enter the same in the list of creditors. Therefore, the obligor becomes aware of the existence of an obligation.