1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan amounting to KRW 40 million and damages for delay.

(99da25850). This Court rendered a judgment on September 15, 1999 that "the plaintiff shall pay to the defendant 40 million won with interest of 15% per annum from May 1, 1995 to the date of full payment," and the above judgment became final and conclusive on October 7, 1999.

B. The defendant filed an application with this court for the seizure and collection order (2006T 9200) by designating the debtor as the plaintiff, the third debtor as the commercial banks, including C, and the Republic of Korea, and received the decision of acceptance on June 23, 2006.

C. On February 9, 2015, the Plaintiff filed a petition with the Suwon District Court for adjudication of bankruptcy and exemption (2013Haak6721, 2013, 6721). The Plaintiff was granted immunity from the above court on February 9, 2015, and the Defendant and the above judgment amount claim (hereinafter “instant claim”) were not stated in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 9 (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the defendant received dividends from a compulsory auction of real estate owned by the plaintiff and was aware that the claim of this case was fully repaid.

Therefore, the plaintiff did not enter the claim of this case in bad faith in the list of creditors at the time of the declaration of bankruptcy and the application for immunity. Therefore, the plaintiff's obligation against the defendant was exempted.

3. Determination

A. “Claims not entered in the list of creditors in bad faith by an obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) refers to cases where an obligor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, has not been entered in the list of creditors.

When the obligor was unaware of the existence of an obligation, he did not know it.