1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 24, 2017, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the amount of reimbursement (hereinafter “the amount of reimbursement in this case”) with the Gwangju District Court 2016Gau7587, and sentenced that “the Plaintiff shall pay to the Defendant the amount calculated by the rate of 15% per annum from July 8, 2017 to the date of full payment”.

(hereinafter “instant judgment”). (b)

In the foregoing case, the Plaintiff was directly served with both a copy of the complaint and a judgment, and the said judgment became final and conclusive on September 14, 2017, by failing to file an appeal.

C. On January 9, 2018, the Plaintiff was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) on August 24, 2018, by filing bankruptcy and application for immunity with the Gwangju District Court Decision 201Do21, 2018Hadan21, and the said decision became final and conclusive on September 11, 2018.

However, the Plaintiff omitted entry of the claim for indemnity in the list of creditors submitted at the time of application for immunity, and accordingly, did not include the claim for indemnity in the list of creditors of the above immunity decision.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that since the plaintiff's liability for the claim for reimbursement of this case was exempted pursuant to the confirmation of the decision to grant immunity of this case, compulsory execution based on the judgment of this case against the plaintiff should be rejected.

B. The phrase “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not recorded 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 of the obligation, it is prescribed in the above Article.