1. The plaintiff's claim is dismissed.

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

1. On November 14, 2007, the defendant filed a lawsuit against the plaintiff and the mobilizationM system of the company with the court 2007da24148, and sentenced the plaintiff et al. to jointly and severally pay 47,780,000 won and delay damages therefor to the defendant (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

The Plaintiff filed for bankruptcy and immunity with the Suwon District Court No. 2014Hadan1022, 2014Ma1022, and 2014, and was granted immunity on June 8, 2015. The said decision became final and conclusive around that time.

At the time of the above bankruptcy and application for immunity, the Plaintiff entered a total of six claims in the list of creditors, but did not state the Defendant’s name and the claims in the instant judgment.

【Ground for Recognition: Each entry of Evidence A 1 to 7】

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant's claim under the judgment of this case constitutes property claim arising prior to the date on which the plaintiff's bankruptcy is declared, and thus, the plaintiff was exempted from immunity according to the effect of immunity, and barring any special circumstance, compulsory execution based on the judgment of this case against the plaintiff

B. (1) The defendant's assertion that the defendant's non-exempt claim defense does not affect the decision on exemption as to the defendant's claim pursuant to the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act, since the plaintiff knew the existence of the obligation against the defendant at the time of the above application for bankruptcy and exemption and did not enter it in the list of creditors.

(2) Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not entered in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of discharge, but is not entered in the list of creditors.