1. The plaintiff's claim is dismissed.

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

1. On February 15, 2008, the Plaintiff asserted that the Plaintiff was declared bankrupt by the Busan District Court (2007Hadan523 Declaration of Bankruptcy) and granted immunity (hereinafter “instant immunity”) from the above court on June 30, 2008 (2007Da528 immunity) (hereinafter “instant immunity”). At the time, the Plaintiff did not know that there remain obligations of the obligee D (the Defendant succeeded to “D”) under the Notarial Deed stated in the purport of the claim against the obligee D (the obligee succeeded to “instant Notarial Deed”) and omitted from the obligee’s list. Accordingly, the Defendant’s claim also affects the effect of the instant immunity decision, and seek confirmation therefrom.

2. Determination

A. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Thus, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it does not constitute a non-exempt claim under the above provision, but if the obligor was aware of the existence of an obligation, even if he did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under the above provision of the Act.

As such, if there is a creditor who is not recorded in the list of creditors in the list of creditors, the creditor would be deprived of the opportunity to file an objection, etc. to the request for discharge within the scope of the procedure for discharge, and accordingly, the exemption is permitted and confirmed without any objective verification as to the grounds for refusal of discharge under Article 564 of the above Act, and thus, the debtor would be deprived of the obligation of the debtor in principle. Thus, the creditor would be disadvantaged without having the opportunity to participate in the above procedure.