1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 20, 2004, the Defendant lent KRW 4.8 million to C, and on the same day, the Plaintiff guaranteed C’s above loan obligation.

B. On August 2, 2011, the Defendant filed a lawsuit claiming loans against C and the Plaintiff, Seoul Central District Court 201Gada197097, and the Defendant’s decision on performance recommendation was served on August 9, 201, on the part of the Plaintiff’s mother that “the Defendant jointly and severally pays KRW 3 million and its delayed damages.”

(hereinafter referred to as “instant decision on performance recommendation”). (c)

On October 27, 2015, the Plaintiff was granted immunity from Daejeon District Court 2015, 1785, and immunity from the Daejeon District Court 2015Hadan1786.

There are eight financial institutions in the list of creditors submitted by the plaintiff to the above court, but the defendant is not stated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the plaintiff was confirmed to have been granted decision of immunity, and therefore, compulsory execution based on the decision of immunity of this case should be denied. Although the defendant was not stated in the creditor list at the time of the above decision of immunity, it did not directly receive the decision of recommendation of this case and omitted the report without knowing the existence of the debt against the defendant. Thus, the defendant's obligation against the defendant is also exempted from immunity.

In this regard, the defendant asserts that since the plaintiff did not enter it in the creditor list with knowledge of the existence of the debt against the defendant in bad faith, the defendant's claim constitutes non-exempt claim.

B. The “claim that is not entered in the list of creditors in bad faith” as referred to in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act by the Plaintiff refers to the obligor being aware of the existence of the obligation against the bankruptcy creditor before immunity is granted.