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

A. On January 11, 2017, the Defendant filed a lawsuit against the Plaintiff as Seoul Northern District Court 2016Gaso480137, and the said court rendered a judgment accepting all the Defendant’s claims on January 11, 2017 (hereinafter “instant judgment”), which became final and conclusive around that time.

B. On February 26, 2019, the Plaintiff filed a bankruptcy and application for immunity with Seoul Rehabilitation Court Decision 2019Hadan663, 2019Da663, the Seoul Rehabilitation Court (hereinafter “instant immunity”) and the said immunity was decided on August 9, 2019 (hereinafter “instant immunity”). The said immunity became final and conclusive around that time. The Plaintiff did not enter obligations based on the instant judgment in the creditors’ list submitted to the court in the bankruptcy and immunity procedure.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 6, 7, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff of the parties asserts that compulsory execution based on the above judgment should be denied, since the defendant's obligation based on the judgment of this case is also exempted according to the decision of exemption of this case.

The defendant asserts that the defendant's claim is non-exempt claim because the plaintiff did not enter the defendant's claim in the list of creditors in bad faith.

B. (1) Determination (1) The term “claim which is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it 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 of the obligation, it does not constitute a non-exempt claim under the above provision, but if the debtor was aware of the existence of an obligation, he did not enter it in the list of creditors by negligence.