1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 19, 2009, the Plaintiff and C issued a promissory note of KRW 15,000,000 for face value in the Defendant’s future, and a notary public entrusted the preparation of a notarial deed to an attorney-at-law in charge of notarial acts in D, thereby creating a notarial deed of the above contents.

(hereinafter referred to as the “notarial deed of this case,” and claims based on the notarial deed of this case are b.

On February 24, 2010, the Plaintiff filed a petition for bankruptcy and immunity with the Seoul Central District Court 2010,3511. On August 31, 2011, a decision to exempt the Plaintiff was finalized on September 15, 2011.

(hereinafter “instant exemption”). The Plaintiff did not enter the Defendant’s claim in the list of creditors while making the instant application for exemption.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “A debtor shall be entitled to a bankruptcy claim.” Article 566 of the Act provides that “A debtor who has been exempted shall be exempted from all of his/her obligations to any bankruptcy creditor except for dividends arising from bankruptcy procedures: Provided, That a debtor shall not be exempted from any of the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, it shall be exempted from the effect of immunity unless it falls under any of the subparagraphs of Article 566 of the Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Meanwhile, the term “a claim that has not been entered in the list of creditors in bad faith” under the proviso of Article 566 (7) of the Act means a case where a debtor fails to enter it in the list of creditors with knowledge of the existence of obligations to a bankruptcy creditor prior to the decision of immunity.”