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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant, as the plaintiff's creditor, filed a lawsuit against the plaintiff, C, D, E, and F on February 15, 2007 against the Hongsung Branch of Daejeon District Court 2005Kadan5287, and was awarded a favorable judgment by the defendant on February 15, 2007 that "C, the plaintiff, D, E, and F jointly and severally agreed with the defendant about the amount of KRW 7 million and that related thereto, C, the plaintiff, D, and D from April 11, 1997, E from June 17, 1997, and F from September 17, 1997 to September 27, 1998, and from September 27, 2005 to September 27, 2005, the judgment became final and conclusive on April 7, 2007.
(hereinafter “instant judgment”). (b)
On May 27, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court Decision 2009Hadan4275, 2009Da4276, Nov. 27, 2009, and received the adjudication of bankruptcy and exemption on May 10, 201, and the decision of exemption became final and conclusive on May 10, 201 (hereinafter “instant exemption”). The creditors’ list omitted the Defendant’s credit against the Plaintiff (hereinafter “loan”).
C. On November 6, 2015, the Defendant applied for a seizure and collection order on December 22, 2015 by requesting the Incheon District Court 2015TTT No. 2015TT30346 regarding the Plaintiff’s claim for the refund of the lease deposit against G, with the title of execution of the instant loan claim as the title of execution, and the relevant claim attachment and collection order was served on G.
[Evidence Evidence: No dispute exists, each entry in Gap 1 through 5, and the purport of the whole pleadings]
2. Determination:
A. In light of the developments leading up to the occurrence of the instant loan claims, the Plaintiff’s assertion cannot be deemed to have known that the instant loan obligation was extinguished at the time of the application for exemption from liability, or that it was not recorded in the list of creditors in bad faith. Therefore, the instant loan claims should also be deemed to have the effect of the decision on exemption from liability.