1. The Plaintiff’s debt to the Defendant amounted to KRW 3,310,856 and interest thereon, and other incidental debt, have been discharged.

1. Basic facts

A. On July 24, 2001, the Plaintiff was granted a loan of KRW 3 million from the Hyundai Swiss Credit Depository, Inc. (hereinafter referred to as the “Mosium”) (hereinafter referred to as the “Mosium”), but did not repay it.

B. On March 1, 2002, the non-party Hyundai Switzerland changed its trade name to Hyundai Switzerland Mutual Savings Bank, and transferred its claim against the plaintiff to the Korea Asset Management Corporation on October 28, 2002. The Korea Asset Management Corporation transferred its claim against the plaintiff on August 28, 2012.

Tyman Loan Co., Ltd. changed its trade name to the defendant on April 1, 2015.

C. On July 7, 2015, the Plaintiff was granted immunity on October 30, 2015 by filing a bankruptcy and application for immunity with the Seoul Central District Court Decision 2015Hadan6134 and 2015Ha6134. The said decision became final and conclusive on November 19, 2015.

The Defendant’s claim for the assignee-payment is KRW 13,835,001, which is the principal amount of KRW 3,310,856 as of December 15, 2015 and interest KRW 10,524,145.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant's claim for the takeover amount is a bankruptcy claim arising from the cause that occurred before the bankruptcy is declared, and the effect of immunity decision against the plaintiff extends to the above claim unless there are special circumstances.

B. The defendant's assertion argues that the effect of the above immunity does not extend to the defendant's above claim, since the plaintiff knew of the defendant's claim to be taken over at the time of the application for bankruptcy and immunity and omitted from the creditor list.

The term “claim which is not recorded in the list of creditors in bad faith by an obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) means a case where the obligor knows the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Therefore, the obligor was unaware of the existence of an obligation.