A. The Defendant brought an action against the Plaintiff for the payment of the loan of KRW 15 million and damages for delay as the court 2008Gada221937. The above court rendered a judgment accepting the Defendant’s claim on January 21, 2009, and the above judgment became final and conclusive on February 19, 2009.

(hereinafter the Plaintiff’s obligation to the Defendant based on the above judgment (hereinafter “instant obligation”). Meanwhile, the said lawsuit was carried out by public notice against the Plaintiff.

B. On July 21, 2008, the Plaintiff was declared bankrupt as Daejeon District Court 2007Hadan9350 on July 21, 2008, and the Daejeon District Court 2007Ma9348 on December 9, 2008, respectively. The above immunity became final and conclusive on December 24, 2008, and the list of creditors did not state the claim in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4 and 8, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff was exempted from the liability of this case according to the above bankruptcy and immunity, and the defendant asserts that the above claim constitutes non-exempt claim, since the plaintiff did not enter the claim of this case in the creditor list in bad faith.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the obligor was negligent

As such, the list of creditors.