A. On May 22, 2007, the Defendant filed a lawsuit against the Plaintiff on May 22, 2007 against the Plaintiff seeking the payment of the Plaintiff’s loan claim on May 8, 2002 (hereinafter “instant claim”).

On October 24, 2007, this Court rendered a judgment on October 24, 2007, stating that "the plaintiff shall pay to the defendant 1,893,469 won and 72% interest per annum from September 20, 2002 to the date of full payment." The above judgment was finalized on November 13, 2007.

(hereinafter “instant judgment”). In the instant trial, service on the Plaintiff was carried out by public notice.

B. On January 13, 2012, the Plaintiff was declared bankrupt on September 24, 2012 by filing a bankruptcy and an application for immunity with the Gwangju District Court (201Hadan143, 2012Ma143), and the decision to grant immunity on March 7, 2013 was finalized on March 23, 2013.

The Plaintiff omitted the entry of the instant claim in the list of creditors while making the above bankruptcy and application for immunity.

C. The Defendant’s succeeding intervenor was transferred the instant claim from the Defendant on October 2, 2014, after the instant lawsuit was instituted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 3 and 4, the purport of the whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the determination of the cause of the claim, that is, a bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), unless it falls under the effect of immunity under the proviso of Article 565 of the same Act, the effect of immunity is exempted by the effect of immunity, and the ability to file

According to the above facts of recognition, the case occurred before the declaration of bankruptcy, unless there are special circumstances.