1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 4,459,430 and KRW 2,800,476 among the Plaintiff and the Plaintiff’s KRW 2,80,476 on December 23, 2016.

1. On August 22, 2003, Samsung Card Co., Ltd. leased KRW 6,590,000 to the Defendant on August 22, 2003 by setting the interest rate of KRW 23.20 per annum and the repayment method by 12 months equal repayment method.

Samsung Card Co., Ltd. transferred the instant loan claims to a limited company on August 25, 2010, and notified the Defendant on October 5, 2010. On December 13, 2011, Samsung Card Co., Ltd transferred the instant loan claims to the Plaintiff on December 13, 201, and notified the Defendant on October 26, 201.

As of November 10, 201, the balance of principal and interest of the instant loan claims as of November 10, 201 is KRW 2,800,476, and the sum of principal and interest is KRW 4,459,430.

On November 7, 2011, the Defendant declared bankrupt and filed an application for immunity with the Incheon District Court No. 201Han 6259, 201Han 6257, and on August 8, 2012, the decision became final and conclusive on August 23, 2012 upon receiving immunity from the above court.

On the other hand, the defendant did not enter the loan claim of this case in the list of creditors submitted in the above bankruptcy and exemption procedure.

[Grounds for recognition] Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1-1, 2-2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The plaintiff asserts that the parties concerned are claiming the payment of the loan of this case against the defendant, and the defendant is exempted from the responsibility upon the decision to grant immunity.

As to this, the Plaintiff asserts that the Plaintiff’s loan claim in this case constitutes non-exempt claim under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) since the Defendant had failed in bad faith to the Plaintiff’s claim in the list of creditors submitted in the procedure for bankruptcy and exemption.

B. The main text of Article 566 of the Act provides that an obligor who has been exempted from liability is exempted from all liability for all obligations to bankruptcy creditors except for dividends pursuant to the bankruptcy procedure. However, the proviso of Article 566 of the Act does not exempt the obligor from liability for “claims not entered in the creditors’ list in bad faith.”