1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 3, 2014, the Plaintiff, as the representative of Company B, jointly and severally guaranteed the guarantee limit of the corporate credit card obligations against the Defendant of the said company at KRW 60,000,000.

B. The joint and several guarantee obligation of the above corporate card price remaining as of December 22, 2016 is the principal amounting to KRW 20,014,593; KRW 160,160; KRW 7,281,060; KRW 27,45,813; KRW 160; and KRW 7,281,060.

(hereinafter referred to as “instant debt”). C.

The Plaintiff filed an application for discharge and declaration of bankruptcy with Daejeon District Court 2016No. 784 and 2016Hadan786, and was declared bankrupt on August 22, 2016, and was granted immunity on November 29, 2016. The Plaintiff entered personal financial obligations against the Defendant in the list of creditors submitted at the time of filing an application for bankruptcy and exemption, but did not state the instant obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserted that the debt of this case was exempted by the above immunity, since the debt certificate issued by the defendant at the time of filing an application for bankruptcy and immunity did not indicate the debt of this case in the creditor list without knowing the existence of the debt of this case and omitted in the creditor list.

On the other hand, the defendant asserts that since the plaintiff knew the existence of the debt of this case and did not intentionally enter it in the list of creditors, the debt of this case constitutes non-exempt claim.

3. Determination

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

(See Supreme Court Decision 2005Da76500, Jan. 11, 2007). The grounds for excluding a claim that is not entered in the creditor list as such are omitted.