1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Defendant obtained a loan from the NH Bank Kimcheon-si branch under the Plaintiff’s credit guarantee, and failed to repay the loan, and thus the Plaintiff subrogated on December 6, 200. The amount of the indemnity claim (hereinafter “instant claim”) is KRW 47,568,137, 121,58,503 in total, 169,126,640 in total, as of March 28, 2017.

B. On December 24, 2014, the Defendant filed an application for bankruptcy and immunity with the Daegu District Court 2013Hadan1368 and 2013Ma1368 on December 24, 2014, and was granted immunity from the above court on October 22, 2013, and the list of creditors are as follows.

- - Interest on the principal of the balance remaining after the date of borrowing or purchasing the name of creditor - Interest, damages 1.2.2.2. 15. 15.04,765,989, and 16,703, 1426,387,103 / [based on the grounds of recognition] on December 3, 1997; the fact that there is no dispute over the principal of interest on the principal of the balance remaining after the date of borrowing or purchasing the name of creditor ; the purport of the entire pleadings, each entry in the evidence of subparagraphs B (1) through 3; and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff delay damages for KRW 47,568,137 of the subrogated balance of KRW 169,126,640 and the said money.

B. The Defendant was not aware of the Plaintiff’s obligation at the time when immunity is granted as above, and thus, the Defendant was also exempted from the instant claim.

3. Determination

A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “a claim not entered in the list of creditors in bad faith by an obligor” refers to a case where an obligor, despite being aware of the existence of a claim before immunity is granted, has not been entered in the list of creditors.

Therefore, the reasons for excluding the claim not entered in the list of creditors are the opportunity for the creditor who omitted to raise an objection to the exemption within the scope of the exemption procedure to ensure the fairness of the exemption procedure.