A. On September 30, 2009, the Defendant applied for a payment order against the Plaintiff, who was the representative director of the Co., Ltd. B, seeking payment of the principal amount of KRW 102,763,208 (hereinafter “the instant claim for the price of goods”) and damages for delay thereof (hereinafter “the instant claim for the price of goods”) from the court, and the said payment order became final and conclusive around that time.

B. On August 19, 2014, the Plaintiff filed a petition for personal bankruptcy and immunity with the Seoul Central District Court (2014Haak8324, 2014 8324, 2014 8324). At the time of the above application, the Plaintiff stated in the list of creditors that total amount of 30 creditors, total amount of 6,149,536,332 won, etc., but omitted the Plaintiff’s claim against the Defendant in the above payment order.

Meanwhile, a decision of immunity was rendered against the Plaintiff on April 1, 2015, and the said decision became final and conclusive around that time.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]

2. Determination

A. In light of the determination on the cause of the claim, the above facts revealed that the claim for the price of the instant goods constitutes a bankruptcy claim based on the property claim arising from the cause arising prior to the declaration of bankruptcy, and barring any special circumstance, the obligor who has been exempted is exempted from the liability for all obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure. Therefore, the obligation for the price of the instant goods is exempted, and as long as the Defendant contests the claim, the Plaintiff has a benefit to seek confirmation.

B. As to the defendant's assertion, the defendant asserts that the effect of immunity does not extend to the defendant's claim for the price of the goods of this case, since the plaintiff knew that the defendant's claim for the payment of the goods of this case was omitted in the creditor list at the time of filing an application for

Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is one of non-exempt claims.