1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who supplies milk products, such as milk, to D marina with the trade name of C, and the Defendant is a nominal lender who registered his/her business under his/her name and made E operate the D marina.

B. On January 10, 2013, the Defendant prepared a written confirmation confirming that the Plaintiff’s claim for goods against D Mart is KRW 6,635,960.

C. On April 30, 2014, the Defendant, upon filing a petition for bankruptcy and immunity with the court, obtained a decision to grant immunity on March 5, 2015 (Seoul Central District Court 2014Da4581), and the said decision became final and conclusive around that time.

However, the plaintiff's claim for the price of goods was not stated in the list of creditors submitted at the time of immunity.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6 and 7, the purport of the whole pleadings

2. In a case where the decision to grant immunity to the debtor as to the legality of the instant lawsuit becomes final and conclusive, the debtor is exempted from all liability to the bankruptcy creditor. In such a case, bankruptcy claims lose the power and executory power of the filing of a lawsuit that has ordinary claims by becoming natural obligations.

Meanwhile, Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a 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, but 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 of the obligation, it does not constitute a non-exempt claim under the above provision

(2) The Defendant asserted that the existence of the instant loan claim was not known and was not recorded in the creditor list. In full view of the following circumstances acknowledged by the overall purport of the evidence and pleadings, the Defendant’s assertion was based on the entirety of the pleadings.