1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 1, 2009, C and the Defendant approved that a notary public of the 2009 Djoint Law Office (2024) bears the Plaintiff’s debt amounting to KRW 108,00,000 in accordance with the Djoint Law Office’s loan loan certificate on November 30, 2009, and agreed to make installment payments. The Plaintiff drafted a notarial deed of debt repayment contract with the purport that C’s joint and several liability is a joint and several liability.

The joint and several guarantee portion of the above notarial deed was prepared by C as the agent of the plaintiff who is the wife.

B. On November 30, 2009, the Plaintiff filed the instant bankruptcy and the application for immunity with the court (2009Hadan5349, 2009, 5356), and the decision to grant immunity was made on June 1, 2010. Around that time, the decision to grant immunity became final and conclusive.

C. The plaintiff did not enter the defendant's claim in the list of creditors in the above bankruptcy immunity procedure.

[Grounds for recognition] The written evidence Nos. 1 to 3, 5, and 6, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1) The Plaintiff was unaware of the existence of the Defendant’s claim at the time of the application for immunity from the bankruptcy of the instant case, and did not enter it in the creditor list, but did not intentionally omit it. Thus, the Defendant’s claim is governed by the Debtor Rehabilitation and Bankruptcy Act (hereinafter

(2) The Defendant’s assertion does not constitute non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act. 2) As at the time of the application for immunity of the instant bankruptcy application, the Defendant’s claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “A debtor’s right not entered in the list of creditors in bad faith” refers to a case where the debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, if the debtor was unaware of the existence of an obligation, he/she shall be aware thereof.