A. The Plaintiff filed an application for bankruptcy and exemption (hereinafter “instant bankruptcy and exemption”) with Suwon District Court Decision 2009Hadan6154, 2009Ka6154 (hereinafter “instant bankruptcy and exemption”). On April 9, 2004, the Plaintiff omitted the Defendant’s claim for reimbursement due to traffic accident (hereinafter “instant claim”) in the list of creditors submitted at the time of filing the application for bankruptcy and exemption from liability.

On May 13, 2010, the above court declared the plaintiff bankrupt, and decided to grant immunity on August 4, 2010, and the above decision to grant immunity became final and conclusive on August 19, 2010.

B. Meanwhile, on August 21, 2007, the Defendant filed a lawsuit against the Plaintiff regarding the claim for reimbursement against the Plaintiff and received a favorable judgment by public notice (hereinafter “instant judgment”).

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5 (including tentative number), the purport of whole pleading

2. The plaintiff's assertion was omitted in the list of creditors because he was unaware of the existence of the claim in this case at the time of the bankruptcy and application for immunity, and the above claim was also exempted by the decision of permission of immunity in this case. Thus, compulsory execution according to the judgment in this case should be dismissed.

3. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a claim on property arising from a cause that occurred before the debtor is declared bankrupt is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability pursuant to the main sentence of Article 566 of the same Act is exempted from all liabilities to a bankruptcy creditor except dividends pursuant to the bankruptcy procedures. As acknowledged in the aforementioned facts, the instant claim is a bankruptcy claim arising from a cause that occurred before the plaintiff is declared bankrupt, and as such, the decision to permit the discharge to the plaintiff becomes final and conclusive on August 19, 2010, the plaintiff is liable