1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 21, 2016, the Plaintiff borrowed KRW 4 million from C Co., Ltd.

B. On August 31, 2018, the Defendant acquired the above claim against the Plaintiff from C Co., Ltd., and on September 3, 2018, sent the notice of transfer to the Plaintiff, but returned it to the addressee’s unknown.

C. On September 6, 2018, the Plaintiff filed a petition for bankruptcy and immunity with Daejeon District Court 2018Hadan1307 and 2018Ha1283. The Plaintiff did not state C Co., Ltd. or the Defendant’s claims in the creditor list.

After being declared bankrupt, the Plaintiff was granted immunity on September 30, 2019, and the above immunity became final and conclusive on October 15, 2019.

[Basis] Evidence Nos. 1 through 6, Evidence Nos. 4 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. As above, it can be recognized that immunity has become final and conclusive. Accordingly, barring any special circumstance, the Plaintiff’s liability for the above obligation against the Defendant is exempted.

B. As to this, the Defendant asserted to the effect that the Plaintiff did not enter the above claims in bad faith in the course of bankruptcy and application for immunity, the above claims constitute “claims not entered in the creditor registry in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus excluded from the scope of immunity.

The term “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. 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 shall be recorded in the list of creditors by negligence.