1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 25, 2002, the Plaintiff received a loan from a non-party corporation, Handi Mutual Savings Bank (hereinafter “instant loan”), and the Korea Deposit Insurance Corporation appointed as a bankruptcy trustee upon bankruptcy of the said savings bank under the Plaintiff’s failure to repay the loan, filed a lawsuit seeking performance of the instant loan obligation with the Changwon District Court Decision 2008Gaso7958 (Seoul District Court Decision 2008Gau7958). The said judgment became final and conclusive around that time.

B. On October 2, 2014, the Korea Deposit Insurance Corporation entered into a contract on acquisition of the instant loan claims with the Defendant and transferred the instant loan claims to the Defendant around that time.

C. On July 4, 2016, the Plaintiff filed an application for adjudication of bankruptcy and exemption from liability with Seoul Rehabilitation Court Decision 2016Hadan4938, 2016Ma4938. On August 22, 2016, the Plaintiff was declared bankrupt on August 14, 2016, and the decision of discontinuation of bankruptcy was made on October 17, 2016, and the decision of exemption from immunity became final and conclusive on November 1, 2016.

In the process of the declaration of bankruptcy and exemption, the list of creditors submitted by the Plaintiff is omitted from the Defendant and the instant loan claims.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 2, Eul evidence 1 and 2 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff became aware of the existence of the instant loan obligation after the decision to grant immunity, and that the instant loan obligation was exempted from liability upon the decision to grant immunity.

The defendant asserts that the loan obligation of this case is not exempted since the plaintiff knew of the existence of the loan obligation of this case at the time of declaration of bankruptcy and application for exemption.

(b) The debtor for whom one decision to grant immunity has become final and conclusive shall be the whole of the obligations owed to the bankruptcy creditors, except for the distribution under the bankruptcy procedures;