1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. On April 26, 2006, the Plaintiff jointly and severally guaranteed C’s obligation when borrowing KRW 50 million from the Defendant.

(hereinafter referred to as the "joint and several liability obligations". B.

On July 27, 2009, the Plaintiff filed an application for bankruptcy on July 27, 2009, and became final and conclusive as of November 15, 2012 upon being sentenced to immunity on October 31, 2012.

C. At the time of the application for bankruptcy, the Plaintiff was aware of the existence of the instant obligation against the Defendant at the time of the application for bankruptcy, and intended to enter in the bond list, but the Defendant’s claim was omitted by simple acceptance.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 (including each number), the purport of the whole pleadings

2. The plaintiff's claim does not constitute "claim not entered in the list of creditors in bad faith" under Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act, and thus, there is no obligation against the defendant.

3. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and the obligor fails to enter the same in the list of creditors. Thus, if the obligor 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 same Act. However, if the obligor was aware of the existence of an obligation, even if he did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under the same Act.

The reason why a claim that is not entered in the list of creditors is excluded from the list of creditors is that if there is a creditor who is not entered in the list of creditors, that creditor shall be given an opportunity to raise an objection to the application for immunity within the scope of the procedure of immunity.