The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 10, 2006, the defendant filed a lawsuit against the plaintiff seeking the return of the lease deposit in this court (Jayang Branch District Court Decision 2006 Ghana 22026). On October 10, 2006, the defendant received a judgment from this court that "the defendant shall pay to the plaintiff the amount of KRW 9 million and the amount calculated at the rate of 20% per annum from August 23, 2006 to the date of complete payment (hereinafter "the judgment of this case"). The above judgment was finalized on October 17, 2006.

B. On April 22, 2009, the Plaintiff filed an application for the adjudication of bankruptcy and exemption (hereinafter “application for the adjudication of bankruptcy and exemption”). On April 22, 2009, the Plaintiff received a decision to grant immunity from the above court (hereinafter “decision to grant immunity”). At the time of the above application, the Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors (hereinafter “the instant claim”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties does not intentionally state the instant claim in the creditor list at the time of the Plaintiff’s application for bankruptcy and exemption from liability, and thus, the instant claim was exempted from liability.

The argument is asserted.

As to this, the defendant asserts that the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the claim of this case at the time of applying for bankruptcy and exemption from liability.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim which is not entered in the list of creditors in bad faith” refers to a case where an obligor, despite being aware of the existence of an obligation against a bankrupt obligee before immunity is granted, has not been entered in the list of creditors. Therefore, if an obligor was unaware of the existence of an obligation, he/she did not know the existence thereof.