1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 24, 2003, the Defendant received the claim stated in the claim against the Plaintiff from Samsung Card and applied for a payment order against the Plaintiff seeking payment of the acquisition money from Busan District Court 2010 tea7295. The above court issued a payment order on April 6, 2010. The above payment order was served on the Plaintiff and became final and conclusive around that time.

(B) The Plaintiff’s obligation to take over money against the Defendant (hereinafter “instant obligation to take over money”).

The defendant filed an application with the plaintiff to specify his/her property as Busan District Court No. 2014KaKao11991, and the plaintiff appeared and taken an explicit oath on June 1, 2015 on the date of the above case for specification of the property.

C. On January 29, 2018, the Plaintiff filed an application for immunity for bankruptcy with Busan District Court Decision 2017Hadan798, 2017Ka798 (hereinafter “instant application for immunity for bankruptcy”), and was granted immunity from the above court (hereinafter “instant exemption for immunity”), and the aforementioned exemption for immunity was finalized around that time.

The Plaintiff did not enter the obligation to acquire the instant amount in the list of creditors at the time of application for immunity from the bankruptcy of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that the Plaintiff was diagnosed as the father at the time of the application for immunity, and was under the diagnosis of the end cancer at the time of the bankruptcy of this case, and thus, the Plaintiff was unable to think of the existence of the remainder of the acquisition money of this case, which was difficult mentally and mentally, and was not entered in the creditors’ list. Therefore, the instant acquisition money obligation was exempted by the immunity decision of this case.

B. Determination 1: “A claim that is not entered in the list of creditors in bad faith by an obligor” under Article 566 Subparag. 7 of the Debtor Rehabilitation Act means a claim that is known by the obligor to the bankruptcy creditor prior to the decision to grant immunity.