1. The Busan District Court 2009 Ghana128706 ruled that the Defendant’s loan claim against the Plaintiff is enforceable.

1. Facts of recognition;

A. On September 16, 2013, the Plaintiff filed an application for bankruptcy and exemption with the Busan District Court (hereinafter “instant bankruptcy exemption application”), and the decision became final and conclusive on October 1, 2013.

B. Meanwhile, the Defendant filed a lawsuit against the Plaintiff on August 31, 2009, and sentenced to the judgment on the order (hereinafter “subject judgment”) on August 31, 2009, and the judgment became final and conclusive at that time. The Plaintiff did not enter the obligation based on the judgment at the time of the application for bankruptcy immunity in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a debtor's right not entered in the list of creditors in bad faith is not entered in the list of creditors despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted." Thus, if 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, but if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if he did not enter it in the list of creditors by negligence.

Whether a debtor's bad faith with respect to the preparation of a list of creditors that do not fit the facts should be determined by comprehensively taking into account all the circumstances, such as the details of the omitted claim and the relationship between the debtor and the creditor, the relationship between the creditor and the debtor, whether the debtor's explanation and objective data are consistent, in full view of the purport of Article 566 (7) above

(2) In light of the above legal principles, the Defendant’s health unit and the Defendant’s argument as to the instant case are the entire evidence.