1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 12, 2008, the Plaintiff loaned KRW 28 million to the Defendant on August 31, 2008, setting the due date for repayment as set by the Defendant on August 31, 2008.

B. On December 17, 2012, the Defendant filed an application for bankruptcy and exemption with Suwon District Court Decision 201Hadern 8516, 201Hadern 8516, and obtained a decision to grant immunity (hereinafter “instant decision to grant immunity”) from the above court. The said decision became final and conclusive around that time. At the time of the above bankruptcy and application to grant immunity, the list of creditors submitted by the Defendant was omitted in the entry of the instant Promissory Notes.

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

2. Determination as to the legitimacy of the instant lawsuit

A. As to the claim that the Defendant’s assertion that the Defendant was exempted from the obligation to the Plaintiff, the Plaintiff asserted that the Defendant was exempt from the obligation to the Plaintiff, by being aware of the existence of the above obligation, and that the obligation was excluded from the obligee’s list.

B. Determination 1: “Claims that are not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed to enter it in the creditors’ list. 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 knew of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if the debtor was negligent in failing to enter it in the creditors’ list.

The reason why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, that creditor shall be exempted from the list.