1. The plaintiff's claim is dismissed.

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

1. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the obligor who has been exempted from liability is exempted from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedure. Thus, the obligee cannot perform compulsory execution even if he/she holds executive title to the exempted claim.

However, according to the purport of Gap evidence Nos. 1, 4, and 5 and the whole pleadings, the plaintiff bears the guaranteed liability of KRW 15 million with respect to the defendant, and the defendant filed a lawsuit against the plaintiff for the performance of the above guaranteed liability and received the judgment in favor of the plaintiff on July 15, 2008 as Busan District Court Branch of the Dong branch of the Busan District Court (2008GaDa38932, Jul. 15, 2008). The above judgment became final and conclusive, but the plaintiff was granted the immunity decision by the Changwon District Court 2007Da5113, Jul. 29, 2009, and the above decision became final and conclusive. Thus, the defendant cannot enforce compulsory execution based on the above judgment unless there are special circumstances.

2. The defendant's assertion argues that since the plaintiff did not enter the defendant in the list of creditors in bad faith while applying for immunity, the defendant's claim is excluded from the target of immunity.

The term "claim that is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act as one of the claims excluded from the scope of exemption refers to the case where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, 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, he did not enter it in the list of creditors by negligence.