청구이의
1. Compulsory execution against the Defendant’s Plaintiff by this Court Decision 2017Da41918 decided September 5, 2017 is enforced.
1. The fact of recognition ① The non-party C Co., Ltd. loaned 90 million won as of September 28, 2010 to the non-party D Co., Ltd. (hereinafter "non-party C Co., Ltd.") and 87 million won as of October 18, 2010, respectively, and the plaintiff and the non-party E, who were in charge of the representative of the non-party Co., Ltd at the time, jointly and severally guaranteed each of the above loans (hereinafter "the instant loans").
② The instant loans were transferred to F Co., Ltd. on March 29, 2013, to G Co., Ltd. on August 5, 2013, and to the Defendant on March 31, 2016.
③ On September 5, 2017, a judgment was rendered on September 5, 2017 in this Court 2017Da41918, which was brought by the Defendant against the Plaintiff, Nonparty Company, and E.
④ On January 2, 2019, the Plaintiff’s District Court 2017Hadan1556, 2017Ma1556, 1556 was declared bankrupt and became final and conclusive around that time. The Plaintiff omitted the claim for the instant loan from the list of creditors of the instant exemption case.
【Ground of dispute】 The fact that there is no dispute, Gap's 1 through 3 evidence, and Eul's 1 (including paper numbers)
2. Determination
A. “Claims that are not entered in the list of creditors in bad faith” under the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, if the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the aforementioned provision even if the obligor was negligent in not knowing the existence of the obligation. However, if the obligor was aware of the existence of an obligation, the obligor did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under the above provision. In this case, there are various circumstances such as the details of the omitted claim, the relationship between the obligee and the obligor, the relationship between the obligee