1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 16, 2012, the Defendant filed a lawsuit against the Plaintiff for a loan claim based on the loan certificate as of March 13, 2009, Incheon District Court Decision 2012Da147236, and sentenced the Plaintiff to pay to the Defendant the amount calculated at the rate of 20% per annum from December 29, 2012 to the date of full payment.

(hereinafter referred to as “instant loan claim”) claims based on the above loan certificate and judgment. B

On October 23, 2012, the Plaintiff received a decision to grant immunity on August 5, 2014 by filing bankruptcy and application for immunity with the Incheon District Court 2012Hadan6113, 2012Ma6107, and the said decision to grant immunity became final and conclusive on August 20, 2014.

C. The loan claims of this case were not stated in the list of creditors submitted by the Plaintiff at the time of application for bankruptcy and exemption.

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

2. Determination

A. The Plaintiff asserted that the Plaintiff had the Defendant prepare and deliver a loan certificate as of March 13, 2009 in order to guarantee the Defendant’s obligation before a divorce, and thereafter did not think of the instant loan claim by taking the payment into consideration with the former spouse.

At the time of filing an application for bankruptcy and immunity, the Plaintiff prepared a list of creditors with respect to all creditors who are memoryed at the time of filing an application for bankruptcy and immunity, and since the instant loan claims were not unlawfully omitted, the said

B. The phrase “claim which 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 the case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not recorded in the list of creditors. Thus, even if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the debtor did not enter it in the list of creditors by negligence, the existence of an obligation is true.