1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's lawsuit of this case against the defendant is dismissed.

1. Basic facts

A. On June 27, 2006, the Plaintiff filed the instant lawsuit against the Defendant and C seeking a loan of KRW 5,500,000 (hereinafter “instant loan”). On March 27, 2007, the first instance court served a lawsuit against the Defendant by serving a copy, etc. of the complaint by public notice and served the Defendant by public notice, and on March 21, 2007, the court rendered a judgment that “the Defendant and C jointly and severally agreed with the Plaintiff, KRW 5,500,000, and the amount of KRW 5% per annum from December 10 to January 5, 2007, and KRW 20% per annum from the following day to the date of full payment,” and served the original copy of the judgment by public notice at the first instance court on March 27, 2007.

B. On July 11, 2013, the Defendant was granted immunity (hereinafter “instant immunity exemption”) on July 28, 2014 by filing an application for immunity with the Seoul Central District Court 2013Da7104, and the instant immunity became final and conclusive on August 12, 2014.

C. The Defendant did not enter the instant loan claims in the list of creditors submitted at the time the application was filed for immunity.

[Reasons for Recognition] Facts without dispute, entry of evidence No. 4, significant facts in the court, purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion that the defendant did not know the existence of the loan claim of this case and did not state the loan claim of this case in the creditor list. Thus, the defendant asserted that the loan claim of this case was exempted from the immunity decision of this case, and thus, it is examined as the defense of safety.

B. The obligor subject to exemption from liability under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) is exempt from all liability to the bankruptcy creditor except distribution under the bankruptcy procedure, and the obligor’s “claim that is not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act among non-exempt claims is exempted from liability.