2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On May 27, 201, the Plaintiff: (a) determined and lent the amount of KRW 10 million to the Defendant at 24% per annum; (b) interest rate of KRW 36% per annum; (c) due date of payment; (d) March 27, 2012; and (e) repayment of the amount of principal and interest equal.

B. The Defendant delays the repayment of the above borrowed amount, and the aggregate of the principal and interest on the borrowed amount remaining as of November 28, 2014 is KRW 8,769,834 (= Principal KRW 4,246,941 or interest for arrears of KRW 4,52,893).

C. Meanwhile, on the other hand, the Defendant: (a) filed a bankruptcy and application for immunity with this Court No. 2013, 10054, 2013Hadan1054; and (b) obtained a decision to grant immunity from this Court on July 1, 2014; and (c) the said decision to grant immunity was finalized on July 23, 2014.

However, while filing the above application for immunity, the Defendant stated in the list of creditors that the debts to 11 institutions such as the Seoul Credit Guarantee Foundation (total debt amount of 51,443,634 won), but omitted the description of the above loan obligations against the Plaintiff (the second debt amount of the Plaintiff as of the debt amount).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion that the Plaintiff did not enter the Plaintiff's loan claims in the creditors' list in bad faith on the ground that the Plaintiff's loan claims are the second largest, and accordingly, the Plaintiff asserted that the Plaintiff's loan claims do not constitute the exemption claim, while the Defendant merely omitted the Plaintiff's loan claims by negligence and did not state them in bad faith.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not recorded in the list of creditors in bad faith by the obligor" means a claim that is not exempt from liability due to the decision of exemption, where the obligor knows the existence of the obligation before the decision of exemption is made, and the obligor's bad faith is not entered in the list of creditors.