1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 10, 2004, the Plaintiff and the Defendant drafted a notarial deed of promissory notes of KRW 100,000,000 in face value from Law Firm C as No. 829 in 2004 (hereinafter “notarial deed of this case”).

B. The Plaintiff filed an application for individual bankruptcy and exemption from liability with Seoul Central District Court Decision 2008Hadan14874, 2008Ma14874, the above court rendered the adjudication of bankruptcy on July 4, 2008, and the decision of exemption from liability on September 23, 2008, and the decision of exemption from liability became final and conclusive on October 8, 2008.

C. The plaintiff did not enter the defendant's claim in the creditor list while requesting bankruptcy and immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, and 5 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, while applying for bankruptcy and exemption, entered all the obligations known to the Plaintiff and obligations arising from the Plaintiff’s conference on debts, but the Defendant’s claims have long been forgotten, and thus, omitted from the list by negligence.

Therefore, the plaintiff was exempted from liability in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, since it was not a malicious omission of the defendant's claim.

B. (1) The “claim that is not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) refers to a case where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, fails to enter it in the creditors’ list. Thus, when the debtor 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 Act even if he was negligent in not knowing the existence of the obligation. However, if the debtor was aware of the existence of an obligation, even if he did not enter it in the creditors’ list