After that, on January 24, 2013, the Plaintiff filed an application for bankruptcy or exemption and received the decision of exemption by the Daegu District Court 2012 Da3311 on January 24, 2013.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The debtor who has been exempted from liability in the sale bankruptcy procedures shall be exempted from all liabilities to the bankruptcy creditors, except for the distribution by the bankruptcy procedures;

However, the same does not apply to a claim that is not entered in the list of creditors in bad faith (main sentence and proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). This means a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, if the debtor is unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the proviso of the same Article (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). The burden of proof of bad faith

However, in the case of this case, there is no evidence to prove that the plaintiff did not enter the defendant's claim in the creditor list in bad faith, and thus, the defendant's claim against the plaintiff was exempted from the immunity decision.

3. If so, the plaintiff's claim seeking to exclude the executory force of the above judgment on the ground of exemption is reasonable, and thus, the costs of lawsuit are individually accepted, taking into account all the circumstances revealed in the pleading.