2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 30, 2007, the defendant filed a lawsuit with the court for the payment of the amount equivalent to the price for the goods by asserting that the plaintiff and C were not paid the price for the goods. On March 4, 2008, the court rendered a ruling that "the plaintiff and C shall jointly and severally pay to the defendant the amount equivalent to 29,500,000 won and the amount calculated by the rate of 20% per annum from November 6, 2007 until the payment is made in full."

The above judgment became final and conclusive around that time.

(b) The Plaintiff’s obligation to the Defendant under the above judgment (hereinafter referred to as “instant judgment obligation”).

On June 7, 2011, the Plaintiff was declared bankrupt and immunity by the Suwon District Court.

(2010, 2069, 2010Haak2069, hereinafter referred to as "the immunity decision in this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 4, Eul evidence 5, and the purport of the whole pleadings.

2. The Plaintiff asserted that, at the time of the decision on immunity of this case, the Plaintiff omitted the Plaintiff’s list of creditors because he was unaware of the existence of the obligation to grant the instant judgment against the Defendant.

However, since the effect of the decision on immunity of this case is comprehensively limited to the claim of this case, it is sought to confirm that the obligation of this case is exempted.

3. Determination

A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity, and the obligor fails to enter the same 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 above provision, but if the obligor was aware of the existence of an obligation, it is difficult to enter it in the list of creditors by negligence.