1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court (Seoul Central District Court 2014Da3747, 2014Hadan3747), and on January 20, 2015, the decision to grant immunity became final and conclusive on February 4, 2015.

(hereinafter “instant decision to grant immunity”)

B. There is no defendant in the list of creditors submitted by the plaintiff in the above bankruptcy and immunity procedures.

C. Meanwhile, on April 3, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the return of deposit with Seoul Eastern District Court Decision 201Kadan78744, and was sentenced to a favorable judgment in favor of the pleadings that “the Plaintiff would pay KRW 40 million to the Defendant” (hereinafter “instant judgment”), and the said judgment became final and conclusive on May 30, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion did not enter the obligation against the Defendant in the list of creditors by negligence at the time of the Plaintiff’s motion for immunity. As such, the effect of the decision on immunity of this case extends to the Defendant’s claim based on the judgment of this case. Therefore, compulsory execution based on the judgment of this case should be dismissed

B. In light of the judgment, the obligor who has been granted immunity is exempted from all obligations to the bankruptcy creditors except for dividends under the bankruptcy procedure (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the effect of immunity does not extend solely on the ground that it is a claim not entered in the creditor’s list. However, the obligor is not exempt from liability for “a claim not entered in the creditor’s list in bad faith.”

(See proviso 7 of the same Article). Here, "a claim that is not entered in the list of creditors in bad faith by an obligor" means a claim that is not entered in the list of creditors despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted.