A. On December 17, 2010, E, the Plaintiff and her husband, drafted a notarial deed containing the following (No. 342, 2010, No. 342, hereinafter “instant notarial deed”) to the Defendants: “The amount of loans KRW 300,00,000 due, and the rate of KRW 30,00 per annum 30,000,000,000,000 and KRW 30,000,000,000,000,000,000,000,000).”

E around August 2, 2012, around August 2, 2012, the Defendants paid KRW 100 million.

B. On March 27, 2018, the Plaintiff filed a bankruptcy and application for immunity with the Changwon District Court (2018, 401, 2018Hadan405).

The Plaintiff was declared bankrupt on May 15, 2018 from the above court, and the decision to grant immunity became final and conclusive on July 31, 2018 upon receipt of the decision to grant immunity on July 12, 2018.

However, at the time of filing an application for bankruptcy and exemption, the Plaintiff did not enter the Defendants’ claims based on the Notarial Deed in the creditors list.

[Reasons for Recognition] Gap's evidence 3 to 6 (including paper numbers), Eul's evidence 3, and the whole pleading

C. 2. The Plaintiff’s assertion that: (a) the Plaintiff was confirmed to have been declared bankrupt and immunity on July 31, 2018; and (b) the Plaintiff asserted that compulsory execution on the instant notarial deed constituting a bankruptcy claim should not be denied under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”); (c) the Defendants asserted that, inasmuch as the Plaintiff did not enter claims based on the instant notarial deed in the creditor list in bad faith, exemption should be excluded under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

3. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation Act, a debtor, upon whom bankruptcy and immunity is granted, is exempted from all of his/her obligations to bankruptcy creditors except for dividends under the bankruptcy procedures, and thus, a bankruptcy claim that is not entered in the list of creditors in the application filed for immunity is also subject

Therefore, the claim of this case is subject to exemption unless there are special circumstances.