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

A. On September 26, 2013, the Plaintiff filed a bankruptcy and application for immunity with the Jeonju District Court (2013Hadan1316 and 2013Ma1316). On October 6, 2014, the Plaintiff was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”), and the said decision to grant immunity became final and conclusive around that time.

B. Meanwhile, on December 17, 2009, the defendant filed a lawsuit against the plaintiff as Seoul Central District Court Decision 2009Gapo2459668, and filed a lawsuit against the plaintiff for the claim for the amount of money transferred on December 17, 2009, "the plaintiff shall pay to the defendant 26,003,687 won and 8,201,130 won with 20% interest per annum from May 9, 2009 to the date of full payment" (hereinafter "the judgment of this case"), and the above judgment became final and conclusive around that time.

C. The list of creditors submitted by the Plaintiff at the time of bankruptcy and exemption was omitted from the claim for the above transfer money (hereinafter “instant claim”) that the Defendant received with the instant judgment.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the claim of this case was omitted from the creditor list at the time of immunity of this case, but the effect of immunity of this case extends to the above claim because it was not maliciously omitted. Therefore, compulsory execution based on the judgment of this case should be denied.

The defendant asserts that the decision to grant immunity does not extend because the plaintiff knew of the claim of this case and did not enter it in the list of creditors.

B. The phrase “claim that is not recorded in the list of creditors in bad faith” under the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not recorded in the list of creditors. Thus, if the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence thereof.