1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 13, 2014, the Defendant applied for the payment order against the Plaintiff as Seoul Central District Court 2013 tea 249116, and the said payment order became final and conclusive on the ground that the Plaintiff did not raise any objection thereto.

(hereinafter “instant payment order”). B.

On February 26, 2014, the Plaintiff filed an application for immunity with Seoul Central District Court 2014Da1903, and the said court accepted the application for immunity on September 11, 2014, and the said immunity became final and conclusive on September 26, 2014.

(hereinafter “instant decision to grant immunity”)

C. In the exemption case, the Plaintiff entered only 132,035,927 won in the list of creditors, including the case’s national card, in the list of creditors, and did not enter the instant payment order in the list of creditors.

[Ground of recognition] The entry of Gap evidence 1 to Gap evidence 4, the significant facts in this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment were omitted in the creditor list in the course of the application for immunity of this case, but the defendant's claim for the payment order of this case against the plaintiff was also exempted from the immunity of this case.

The defendant asserts that the decision of immunity in this case does not extend to the claim of the payment order in this case, since the plaintiff had been aware of the existence of the claim of this case in bad faith and omitted from the list of creditors.

"Claims not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") means cases where an obligor is aware of the existence of claims before immunity is granted and is not entered in the list of creditors.

In this regard, it is not stated in the list of creditors (see, e.g., Supreme Court Decision 2005Da76500, Jan. 11, 2007).