Around April 22, 2011, the Defendant filed a lawsuit against the Plaintiff on the ground that “Around December 24, 2009, the Defendant leased KRW 200 million interest to the Plaintiff at a fixed rate of 24% per annum, and the due date of repayment on March 24, 2010, based on the right to collateral (No. 611, Dong-dong C Apartment (No. 611, 1804) that was transferred as collateral and was paid KRW 75,190,193 at the auction procedure conducted around November 29, 201, but did not receive principal KRW 160,836,683, the Defendant did not repay the loan payment amount.” On October 5, 2011, the judgment of the court below rendered that “The Plaintiff was paid the Defendant at a fixed rate of 160,836,683, and the rate from October 24, 2010 to the date of repayment.”

B. On January 8, 2014, the Plaintiff filed an application for immunity with the Seoul Central District Court No. 2014, 2014Hadan206 and 2014Hadan206 and declared bankrupt around April 28, 2014, and received immunity around January 21, 2015, and the decision to grant immunity became final and conclusive around February 10, 2015.

2. The party's assertion and judgment

A. According to the facts of the above recognition as to the cause of the claim, the defendant's claim based on the judgment of the Incheon District Court 201Gahap6416 is a bankruptcy claim arising before the bankruptcy is declared, and the effect of immunity on the plaintiff shall also extend to the above claim unless there are special circumstances.

B. The Defendant asserts that the non-exempt claim constitutes the Defendant’s assertion 1). The Defendant asserts that the effect of the above immunity does not extend to the Defendant’s above claim, as the Plaintiff intentionally omitted claims based on the Defendant’s Incheon District Court Decision 201Gahap6416 at the time of the Plaintiff’s application for bankruptcy and immunity from the creditor list.

(b) A debtor's rehabilitation and bankruptcy.