1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was issued a credit guarantee certificate from the Defendant in order to obtain a loan for facility funds and company operation funds to the actual operator of the farming association corporation B, and received a loan from the bank as security.

B. A credit guarantee accident that could not thereafter repay the loan occurred, and the defendant subrogated about KRW 1.7 billion.

C. After doing so, the Defendant filed a lawsuit against the above farming association corporation, the Plaintiff, and the Plaintiff’s wife, seeking the payment of the indemnity amount of KRW 1,683,257,983 as Seoul Western District Court Decision 201Da205262, and damages for delay thereof, and received a favorable judgment on October 10, 2012, and the above judgment became final and conclusive thereafter.

On May 29, 2015, the Plaintiff filed an application for adjudication of bankruptcy and exemption under the Daegu District Court 2015, 50029, 2015Hadan5029, and was issued a discontinuation of bankruptcy and exemption from immunity on January 9, 2017.

E. In the above declaration of bankruptcy and exemption, the Plaintiff did not enter the obligation of indemnity against the Defendant in the list of creditors.

[Ground of recognition] A without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that, while filing an application for the above declaration of bankruptcy and exemption, the obligation against the defendant was not omitted in the list of creditors, and thus, the plaintiff's obligation of indemnity amounting to KRW 50 million against the defendant was exempted.

As to this, the defendant asserts that the plaintiff was aware of the obligation of indemnity against the defendant, and thus, the defendant is not exempted from liability.

B. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" means a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, the existence of an obligation is true.