2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

A. On July 31, 2006, Foreign Exchange Bank Co., Ltd. (1) entered into a loan transaction agreement with the Defendant with a loan-based general fund of household and a maximum amount of KRW 100 million, and around August 2, 2006, the Defendant is KRW 100 million (hereinafter “the instant loan”).

(2) On December 22, 2010, 2010, foreign Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) loaned its loan to beta Asset Loan Co., Ltd., and on December 21, 2013, beta Asset Loan Co., Ltd. (hereinafter “beta”) transferred its loan claim to the Plaintiff in succession.

3) The claim for the instant loan remains KRW 169,615,367 as of September 18, 2014 ( principal KRW 91,238,99,448 KRW 11,409,448 KRW 66,96,923). (B) The Defendant’s bankruptcy and exemption 1) filed a bankruptcy and application for immunity on August 12, 2013 with the Seoul Central District Court Decision 2013Hau8,8168, 2013 KRW 8168, and the exemption from immunity was finalized on December 4, 2014 with the decision to grant immunity on November 8, 2014 (hereinafter “instant exemption from immunity”).

2) However, the list of creditors submitted by the Defendant to the court in the discharge procedure had omitted the Plaintiff’s claim for the instant loan. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 5, Eul’s evidence No. 1-3, and the purport of the whole pleadings.

2. Determination

A. 1) With respect to the Plaintiff’s seeking the payment of the instant loan to the Defendant, the Defendant asserts that the instant loan was discharged from liability with the decision to grant immunity, and thus, the instant lawsuit is unlawful. (2) Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation and Bankruptcy Act”) provides that “The claim on the property arising prior to the declaration of bankruptcy against the debtor shall be a bankruptcy claim” and Article 566 of the same Act provides that “the exempted debtor shall be a bankruptcy claim.”

Provided, That the responsibility shall not be exempted for the following claims: