1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was declared bankrupt on March 25, 2016 (U.S. District Court Decision 2015Hau4476) and was granted a decision to grant immunity on April 14, 2017 (hereinafter “instant decision to grant immunity”).

B. On June 13, 2019, the Defendant filed a lawsuit against the Plaintiff to pay the Plaintiff the amount of KRW 8,602,90 and KRW 4,616,524 which the Plaintiff paid to the Defendant at the rate of 12% per annum from October 11, 2018 to the date of full payment (hereinafter “the first judgment of the Seoul Central District Court”) (hereinafter “relevant case”).

C. The Defendant’s claim for transfer money claimed in the relevant case is “The amount agreed upon by D Co., Ltd. in the manner that D Co., Ltd. takes over the Defendant’s loan claims against F and the Defendant’s joint and several liability claims against F Co., Ltd. on July 29, 2013 by converting the Plaintiff’s joint and several liability into the principal obligation and reducing part of the principal debt, and interest thereon and damages for delay (hereinafter “the claim for transfer money”).

The list of creditors submitted by the Plaintiff in the bankruptcy case did not contain the claim for the transfer fee.

The Plaintiff filed an appeal against the judgment of the court of first instance in the relevant case, and on September 25, 2019, the Plaintiff filed the instant lawsuit on the ground that “the instant claim for the amount of money acquired was exempted from immunity as a bankruptcy claim.”

E. On January 15, 2020, the appellate court rendered a judgment dismissing the Plaintiff’s appeal, and the judgment became final and conclusive as the Doing of the appeal period.

[Grounds for recognition] Gap evidence 1, 2, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The Plaintiff’s claim for the grant of this case was omitted in the list of creditors of the Plaintiff’s assertion regarding bankruptcy and exemption, but the Plaintiff did not enter it in the list of creditors in bad faith and was omitted for reasons not attributable to the Plaintiff. Thus, the effect of the grant of immunity of this case is the same.