1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on the lawfulness of the instant lawsuit

A. On September 14, 2015, the Plaintiff asserted that the Plaintiff jointly and severally guaranteed a loan of KRW 3,000,000 from the Dispute Resolution Co., Ltd., and on the ground that the Plaintiff acquired the above loan claim, the Plaintiff sought the loan principal amount of KRW 2,996,003 and damages for delay against the Defendant.

On the other hand, the defendant asserts that the liability for the above obligation was exempted by the decision of exemption.

B. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 through 4 of the judgment No. 1, the Defendant filed an application for bankruptcy and exemption with the Changwon District Court 2017Hadan1462, 2017Ma1458 on September 8, 2017, and the decision to grant exemption was rendered on December 21, 2017. The above decision to grant exemption became final and conclusive on January 5, 2018. Although 13 creditors are written in the list of creditors of the above bankruptcy and application case for exemption, it can be acknowledged that the Plaintiff’s above transfer payment claim is not written.

"Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and the obligor is omitted in the list of creditors.

Therefore, when a debtor was unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but otherwise, if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if he/she did not enter it in the

Therefore, if there is a creditor who is not entered in the list of creditors, the creditor would be deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure.