1. The defendant's stay of the Daegu District Court against the plaintiff was based on the decision 2007 Ghana807 delivered on April 17, 2007.

1. Basic facts

A. On April 17, 2007, the Defendant filed a lawsuit against the Plaintiff for a loan claim of KRW 5 million with the Daegu District Court resident stay support 2007Gada807, which was rendered a favorable judgment on April 17, 2007, and the above judgment became final and conclusive around that time.

(hereinafter the above judgment is referred to as "prior judgment", and the defendant's claim against the plaintiff held by the preceding judgment is referred to as "the claim of this case"). B.

The Plaintiff filed an application for immunity with the Daejeon District Court 2010do547 and received immunity on May 30, 201. The list of creditors was registered only as the management institution of farmers and fishermen of the Korea Agriculture and Forestry Credit Guarantee Fund, but the Defendant was not registered as the creditor.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 3, the purport of the whole pleadings

2. The defendant asserts that the decision of immunity does not have the effect of decision of immunity on the claim of this case since the plaintiff omitted the defendant in the creditor list after the plaintiff was granted decision of immunity, and the plaintiff argues that the decision of immunity does not have the effect of decision of immunity.

3. Determination

A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “a claim not entered in the list of creditors in bad faith by an obligor” refers to a case where an obligor, despite being aware of the existence of a claim before immunity is granted, has not been entered in the list of creditors.

Therefore, the reasons for excluding the claims not entered in the list of creditors are deprived of the opportunity for creditors who omitted to promote fairness in the procedure of immunity by raising an objection to the exemption within the procedure of immunity, and accordingly, the exemption is granted without any objective verification procedure as to the grounds for refusing the exemption under Article 564 of the Act.