A. On March 30, 2012, Plaintiff A borrowed KRW 298,936,247 from New Live Capital Co., Ltd., and Plaintiff B jointly and severally guaranteed the said debt.

(hereinafter “instant debt”). (b)

On April 25, 2016, the Plaintiffs filed an application for bankruptcy and exemption (Seoul District Court Decision 2015Haak 3067, 3058, 2015, 3055, 3056) with the competent court for immunity, and the decision became final and conclusive on May 11, 2016.

(hereinafter “instant decision to grant immunity”). C.

The instant obligation was omitted in the list of creditors of the decision to grant immunity of the instant case.

The defendant received the above claim against the plaintiffs from the above New Capital Co., Ltd., and as of June 21, 2017, the debt of this case as of June 21, 2017 is the principal amount of 298,936,247 won, overdue interest of 292,77,341 won, and the total amount of 591,713,58 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs asserted that the exemption from the instant exemption was granted, and thus, the instant obligation was discharged.

3. Determination

A. The exemption of this case’s obligation was omitted in the list of creditors of the decision on immunity of this case as seen earlier.

B. However, in light of the following facts and circumstances acknowledged by the purport of the entire pleading in evidence Nos. 1, 2, and 3, the Plaintiffs’ assertion was prepared, and it is difficult to view that the Plaintiffs did not enter obligations to the Defendant in bad faith, and there is no other evidence to acknowledge it. Thus, the instant obligation does not constitute “claim not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). (1) At the time of applying for exemption, Plaintiff A entered KRW 1,056,106,219 (principal principal KRW 598,421,807, interest and delay damages, KRW 457,684,412, etc.) on the creditors list.