A. On December 20, 2006, the defendant filed a lawsuit against the plaintiff as Incheon District Court 2006Gaso339522, and was sentenced by the above court on December 20, 2006 that "the plaintiff shall pay to the defendant 8,516,460 won and 6,276,226 won with interest of 17% per annum from April 1, 2005 to the day of full payment" (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

(hereinafter referred to as “instant claim or obligation”) based on the foregoing final judgment was served on the Plaintiff by means of service by public notice in the said litigation proceedings.

B. The Plaintiff was granted immunity on May 6, 201 by filing bankruptcy and application for immunity with the Incheon District Court 201do6367, 201Han 6369 (hereinafter “instant immunity”) and the said decision became final and conclusive on May 21, 2013.

The Plaintiff entered ten creditors and the total amount of 136,549,196 won in the list of creditors at the time, but did not enter the Defendant and the instant claim.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, at the time of the application for bankruptcy and exemption of the instant case, the Plaintiff did not know the existence of the instant claim and did not enter it in the list of creditors, and thus, the instant claim was exempted from the obligation under the instant immunity decision. Therefore, the Plaintiff asserts that compulsory execution based on the instant judgment should be dismissed.

B. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. The obligor's bad faith is distinguishable from the details of the omitted claim.