A. On April 21, 2014, the Plaintiff borrowed KRW 1,000,000 from the Defendant at a loan rate of 34.9%, respectively.

B. Meanwhile, on the other hand, on December 2, 2014, the Plaintiff filed an application for immunity with the Cheongju District Court No. 2014,973, and each application for adjudication of bankruptcy with the above court No. 2014Hau973. At the time of the said application, the Plaintiff entered a total of KRW 14 creditors and total amount of KRW 85,484,249 in the list of creditors, but omitted the Defendant’s claim for the above loan.

C. The decision to grant immunity to the Plaintiff was rendered on April 20, 2016, and the decision to grant immunity became final and conclusive on May 5, 2016.

(hereinafter referred to as “instant immunity”). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 3 (including paper numbers), and the purport of the whole pleadings.

2. Determination

A. According to the above facts, the defendant's above loans are claims for property arising before the bankruptcy of the plaintiff is declared against the plaintiff, and they constitute bankruptcy claims, and the debtor who has been exempted from the liability is exempted from all obligations to bankruptcy creditors except for dividends under the bankruptcy procedure. Thus, the plaintiff's above loans are exempted from the liability, and as long as the defendant contests this, the plaintiff has a benefit to seek confirmation.

B. As to the Defendant’s assertion, the Defendant asserts that the effect of the decision on immunity of this case does not extend to the above loan claim, since the Plaintiff knew the Defendant’s claim for the above loan at the time when the exemption of this case was carried out, and omitted from the creditor list.

Article 56 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides for one of non-exempt claims that an obligor has not been entered in the list of creditors in bad faith. In this case, “claim which is not entered in the list of creditors in bad faith” means that the obligor is prior to immunity.