A. On April 2, 2009, the Plaintiff borrowed KRW 10,000,00 from the Yang-gu Agricultural Cooperatives.

On April 24, 2018, Yang-gu Agricultural Cooperatives transferred claims, such as the above loan claims and damages for delay, to the defendant and notified the transfer of claims.

B. The Plaintiff, as Seoul Central District Court Decision 2010Hadan1324, 2010Kadan1324, 1324, filed a bankruptcy and application for immunity (hereinafter “instant immunity”) and received a decision to grant immunity on February 29, 2012 (hereinafter “instant immunity”). The said immunity became final and conclusive on July 16, 2013.

The list of creditors submitted by the plaintiff at the time of bankruptcy or exemption is not written by the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the plaintiff's assertion that the effect of the decision on immunity of this case extends to the debt of this case, the defendant asserts that the plaintiff's omission in the creditor's list while making bankruptcy and application for immunity not later than nine months after the plaintiff obtained loans from Yang-gu Agricultural Cooperatives constitutes malicious omission.

B. “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but failed to enter it in the list of creditors. Thus, if the debtor 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 legal provision. However, if the debtor knew of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it constitutes a non-exempt claim under the above legal provision even if the debtor was negligent

The reasons why the claim that is not entered in the list of creditors are excluded from the list of creditors are excluded from the list of creditors.