A. In around 1998, the Plaintiff jointly and severally guaranteed B’s loan obligations worth KRW 16 million to the Defendant.

B. On November 21, 2006, the Plaintiff filed an application for bankruptcy and exemption from liability with Jeju District Court Decision 2006Hadan520, 2006Ma649 on November 21, 2006, and the above court determined the Plaintiff’s exemption from liability and became final and conclusive around that time, following the declaration of bankruptcy.

When the Plaintiff applied for exemption, etc. as above, it did not separately enter the Defendant’s joint and several guarantee claim (hereinafter “instant claim”) in the list of creditors.

C. On September 28, 2010, the Defendant filed a lawsuit seeking the payment of loans against B and the Plaintiff, etc. (hereinafter “instant lawsuit”) with the Jeju District Court 2010Da3931, and the said court rendered a judgment accepting the Defendant’s claim on December 10, 2010, and the said judgment became final and conclusive on January 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Whether the exemption claim falls under 1) Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

(1) Article 566 Subparag. 7 of the same Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter the same in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, even if he was negligent in not aware of the existence of the obligation, it does not constitute a non-exempt claim under the same Act (see, e.g., Supreme Court Decision 2005Da76500, Jan. 11, 2007). However, if the obligor was aware of the existence of an obligation, even if he did not enter it in the list of creditors due to negligence, the obligor did not enter it in the list of creditors