1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On February 13, 2012, the Defendant agreed to jointly and severally pay 89,237,600 won to the Plaintiff of the non-party company as the representative of the non-party company and the actual owner by December 31, 2012.

(B) The Plaintiff’s claim against the Defendant under the foregoing agreement (hereinafter “instant claim”).

On February 15, 2015, the Defendant applied for bankruptcy and exemption under the Suwon District Court Decision 2015Hadan859, 2015Ma859, and the aforementioned decision became final and conclusive on February 11, 2016. The Defendant did not enter the instant claim in the list of creditors at the time of the application for bankruptcy and exemption.

[Ground of recognition] The items of evidence Nos. 1, 1, 2 (including paper numbers), and 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant claim is a claim on property arising from a cause that occurred prior to the declaration of bankruptcy against the defendant, and constitutes a bankruptcy claim; the defendant who has been exempted from liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) is, in principle, exempted from all obligations owed to the bankruptcy creditors including the plaintiff, etc., except dividends under bankruptcy proceedings; and the term “Immunity” refers to the existence of the obligation itself, but it is impossible to enforce the performance against the bankruptcy debtor, and when a decision to grant immunity against the bankruptcy debtor becomes final and conclusive, the claim is ordinarily discharged from liability (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Accordingly, the instant lawsuit in response to the foregoing decision is deemed unlawful as there is no benefit of protecting the right pursuant to the above decision to grant immunity.

However, Article 566 subparagraph 7 of the Act provides that "a claim that is not entered in the list of creditors in bad faith is a non-exempt claim," and "a claim that is not entered in the list of creditors in bad faith is not entered in the list of creditors."