On June 16, 2003, the plaintiff's subrogation amount of KRW 22,973,627 under a credit guarantee contract against the defendant and interest thereon.

Basic Facts

A. On June 16, 2003, the Plaintiff received a loan from the Industrial Bank of Korea under a credit guarantee contract by the Defendant, and the Plaintiff did not repay it. As the Plaintiff did not pay it, the Defendant on June 10, 2005, on behalf of the Industrial Bank of Korea, acquired the Plaintiff’s claim for reimbursement against the Plaintiff by subrogation of KRW 22,973,627.

B. On April 24, 2012, the Plaintiff filed an application for bankruptcy and exemption with Suwon District Court No. 2012Hadan3041, 2012Ma3041, the Plaintiff received a declaration of bankruptcy on January 7, 2013 from the above court, and the decision of exemption on May 8, 2013 (hereinafter “instant decision of exemption”), and the said decision of exemption became final and conclusive on May 23, 2013.

C. However, the Defendant’s claim for reimbursement against the Plaintiff is omitted in the list of creditors of the instant exemption decision.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The parties’ assertion asserts that “The obligation of indemnity amount (hereinafter “the obligation of indemnity amount”) was omitted in the list of creditors at the time of filing an application for bankruptcy and exemption from liability, and thus, the obligation of indemnity amount was discharged in accordance with the decision of exemption from liability of this case.”

As to this, the defendant asserts that "the plaintiff knew the existence of the claim for reimbursement of this case and omitted it in the list of creditors at the time of applying for the above bankruptcy and exemption."

B. The following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings are as follows: (a) the instant obligation is not the obligation of the financial institution loaned by the Plaintiff, but may not be specifically known or memoryed by the Plaintiff due to subrogation; and (b) the Plaintiff’s filing of an application for bankruptcy and immunity was 9 years after the date of concluding the guarantee contract with the Defendant; and (c) as such, the Plaintiff’s omission was due to negligence after the lapse of 7 years from the date of the above subrogation.