1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The promotion mutual savings bank filed a suit against the Plaintiff on the claim for the use of credit card (principal principal amount of KRW 2,200,000) with the Seoul Central District Court 2005da1240214, and the above court 2007Gada1243293 (principal amount of KRW 3,929,300).

B. The decision on performance recommendation in the 2005 Ghana1240214 was delivered to the Plaintiff on April 11, 2005, and became final and conclusive on April 26, 2005. The decision on performance recommendation in the 2007 Ghana1243293 was delivered to the Plaintiff on March 2, 2007, and became final and conclusive on March 17, 2007.

After that, the Defendant acquired each of the above claims from the promotion mutual savings bank (hereinafter “instant claims”).

C. On May 6, 2009, the Plaintiff filed an application for immunity from Seoul Central District Court 2009Hadan12409 and 2009, and the Plaintiff was granted immunity from immunity from October 23, 2009 (hereinafter “instant immunity”). The instant immunity from immunity became final and conclusive on November 7, 2009.

The list of creditors submitted by the Plaintiff to the full bench in charge of the above bankruptcy and immunity cases is omitted from the defendant's claim.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion was omitted in the list of creditors because he did not receive a long-term demand for payment of debt from the defendant at the time of filing an application for bankruptcy and exemption from liability and did not know the existence of the defendant's claim.

Therefore, the effect of the decision on immunity of this case extends to the debt of this case.

B. As stated in the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the term “claim which is not entered in the list of creditors in bad faith” refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. Thus, if the debtor was unaware of the existence of an obligation, he/she is so unaware.