The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 14, 2011, the Defendant filed a suit against the Plaintiff, the Court rendered a ruling that “The Plaintiff and C shall jointly and severally pay to the Defendant 30,000,000 won and the amount calculated by the rate of 12% per annum from November 27, 2010 to April 19, 201, and 20% per annum from the next day to the date of full payment” (hereinafter “instant ruling”), and the above ruling became final and conclusive around that time.

B. On June 9, 2020, the Defendant received a collection order from the court of this case against the Plaintiff based on the original copy of the judgment of this case, from the case of seizure and collection order of claims against the Plaintiff.

C. Meanwhile, the Plaintiff was declared bankrupt in this Court’s 2013Hadan3657 Declaration of Bankruptcy, and was granted immunity from this Court on May 21, 2014 in this Court’s 2013Ma3657 3657 201. The foregoing decision was finalized on June 6, 2014, and the Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Since C, the husband of the Plaintiff’s assertion, while filing an application for bankruptcy and exemption, did not intentionally omit the Defendant’s claim at the time of filing the application for bankruptcy and exemption, the Plaintiff’s obligation against the Defendant under the instant judgment against the Defendant should be exempted. Therefore, compulsory execution based on the original copy of the instant judgment should not be allowed.

B. "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 " Debtor Rehabilitation Act") means the existence of an obligation against a bankruptcy creditor before the obligor decides to grant immunity.