A. On December 17, 2010, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court, and the decision to grant immunity on May 1, 2012 (hereinafter “instant decision to grant immunity”) became final and conclusive around that time.

B. The Defendant lent KRW 68,00,000 to the Plaintiff’s husband C from July 25, 201 to November 14, 2011.

(hereinafter “instant loan”). On November 17, 2016, Seoul Southern District Court 2016Kadan258470 (hereinafter “Seoul Southern District Court”) filed a lawsuit claiming a loan, and on July 28, 2017, the claim against the Plaintiff was accepted, but the claim against the Plaintiff was rejected on the ground that C cannot be deemed the debtor and the Plaintiff cannot be deemed the debtor.

C. The Defendant filed an appeal against the above judgment, and the Seoul Southern District Court rendered a judgment revoking the part against the Plaintiff and accepting the Defendant’s claim among the above judgment as the Plaintiff’s husband and wife jointly borrowed from the Defendant on April 12, 2018 (hereinafter “instant judgment”), and the Plaintiff filed an appeal on October 25, 2018, but the final appeal was dismissed and finalized.

At the time when immunity of this case is granted, the loan of this case was not indicated in the list of creditors.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers in case of additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the loan obligations of this case are also exempted due to the confirmation of individual bankruptcy and exemption from immunity against the plaintiff's assertion, compulsory execution according to the judgment of this case shall be dismissed.

B. The Defendant’s assertion that the immunity decision of this case occurred prior to the date of closing argument in the lower court, and thus, cannot be a ground for objection. The Plaintiff knew the existence of the instant loan and omitted from the list of creditors at the time of filing an application for bankruptcy and exemption.