1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From April 25, 2008, the Plaintiff entered into an agreement with the Defendant to convert the said loan into a long-term installment loan on July 29, 2013, and paid the principal and interest on installment payments by June 2, 2015 (hereinafter referred to as “instant loan loan” and “the instant loan obligation”). On August 19, 2015, the Defendant issued a notice to the Plaintiff that the principal of the instant loan obligation was KRW 3,82,805, and the installment payments were overdue, and such notice was served at that time on August 31, 2015, because the principal amount of the instant loan obligation was KRW 136,317, and the installment payments were overdue.

On September 3, 2015, the Defendant notified the Plaintiff on September 3, 2015 that the legal procedure, such as the instant loan claim, can be initiated on the grounds of delay in the repayment of the instant loan obligations

B. On August 31, 2015, the Plaintiff filed an application for individual bankruptcy and immunity with the Busan District Court Decision 2015Hadan2064, 2015Ha2064, the Plaintiff received bankruptcy and immunity on June 3, 2016.

The above bankruptcy and immunity decision became final and conclusive on June 18, 2016.

(B) At the time of the application for bankruptcy and exemption, the Plaintiff did not enter the instant loan obligations against the Defendant in the list of creditors at the time of the application for bankruptcy and exemption.

[Ground of recognition] Unsatisfy, Gap evidence 1-5, Gap evidence 2-1, 2-2, Eul evidence 1-6, the purport of whole pleadings

2. Determination:

A. 1) The parties’ assertion 1) At the time of the Plaintiff’s application for bankruptcy and exemption, only prepared a list of creditors without knowledge of the existence of the instant loan obligations against the Defendant at the time of the Plaintiff’s application for bankruptcy and exemption from liability, and did not intentionally omitted the instant loan obligations. Therefore, the instant loan obligations were also exempted pursuant to the confirmation of bankruptcy and exemption from immunity. 2) The Defendant’s assertion was known to the creditor at the time of the application for bankruptcy and exemption from liability.