1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. After the Defendant paid the Plaintiff’s bank obligation on behalf of the Plaintiff, the Defendant received a payment order against the Plaintiff for the claim for reimbursement (hereinafter “instant claim”) from the Gwangju District Court 2006 tea544, and the payment order was finalized on February 23, 2006.

(hereinafter “instant payment order”). B.

On May 31, 2012, the Plaintiff filed an application for bankruptcy or immunity with the Gwangju District Court 2012Hadan1702 and 2012Ha1702, and was granted immunity on November 15, 2012, and the said immunity became final and conclusive around that time.

C. In applying for the above bankruptcy and immunity, the list of creditors submitted by the Plaintiff is omitted.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the claim of this case was also exempted, since it was not intentionally omitted in the list of creditors because it did not enter the claim of this case in the list of creditors by negligence while making bankruptcy and application for immunity, and therefore, compulsory execution based on the original copy of the payment order of this case should be rejected.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been granted immunity shall be exempted from the liability for all obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedures, but the obligor shall not be exempted from the liability for claims not entered in the list of creditors in bad faith.

The phrase “claim that is not entered in the list of creditors in bad faith” refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, when the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence thereof, the above provision of the law is stipulated.